These Terms of Use, together with the privacy policy available at www.mendit.app/privacy-policy ("Privacy Policy") and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 17 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d).

This Agreement constitutes a legal agreement between you ("you" or "User") and Mend It Inc., Inc. d/b/a Mend It and its affiliates, parents, and subsidiaries (collectively, "Mend It" or "us"). This Agreement governs your use of our services and platform that f

TERMS OF USE

These Terms of Use, together with the privacy policy available at www.mendit.app/privacy-policy ("Privacy Policy") and the rules, policies, terms and conditions set forth in, referred to and/or linked herein, all of which are incorporated herein by reference, are, collectively, the "Agreement".

IMPORTANT: PLEASE REVIEW THIS AGREEMENT CAREFULLY. IN PARTICULAR, PLEASE REVIEW THE MUTUAL ARBITRATION PROVISION IN SECTION 17 AND THE AUTOMATIC RENEWAL AND CANCELLATION PROVISIONS IN SECTIONS 3(c) AND 4(d).

This Agreement constitutes a legal agreement between you ("you" or "User") and Mend It Inc., Inc. d/b/a Mend It and its affiliates, parents, and subsidiaries (collectively, "Mend It" or "us"). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.mendit.app, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "Mend It Platform".

By accessing, using or registering with the Mend It Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Mend It Platform. Mend It's acceptance is expressly conditioned upon your acceptance of this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using the Mend It Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

To the extent permitted and except where prohibited by applicable law, these Terms of Use include:

1. Mend It Platform.

a. The Mend It Platform. The Mend It Platform is a technology platform that makes available certain clothing and textile services to individuals seeking to obtain clothing and textile services (“Customers”) that Mend It fulfills using independently-established clothing and textile service providers customarily engaged in a trade, occupation and/or business of providing the such services requested (“Providers”). Those certain services requested by the Customers, which are to be completed by the Providers, are hereinafter referred to as "Professional Services". The Professional Services may include other services related to clothing, articles of clothing, textiles or other items ("Merchandise") obtained through the Mend It Platform or from a third party, but shall not be deemed to include the Merchandise itself. Unless expressly stated or disclosed by Mend It, Mend It does not itself provide Merchandise on behalf of Service Providers nor does Mend It provide the Professional Services itself. However, Mend It may provide branded merchandise such as a sewing kit direct to Customers. MEND IT, THROUGH THE MEND IT PLATFORM, OFFERS INFORMATION AND A METHOD TO OBTAIN SUCH PROFESSIONAL SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE SUCH PROFESSIONAL SERVICES ITSELF OR ACT IN ANY WAY AS A PROVIDER OF SERVICES, RETAILER OR MANUFACTURER, AND EXCEPT AS EXPRESSLY SET FORTH HEREIN DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY PROFESSIONAL SERVICES PROVIDED TO THE CUSTOMER, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION, OR CODE. MEND IT IS NOT AFFILIATED WITH OR ENDORSED OR SPONSORED BY ANY THIRD PARTY MERCHANDISE PROVIDER OR RETAILER EXCEPT FOR ADVERTISEMENTS THAT MAY BE PLACED ON THE MEND IT PLATFORM.

2. Personal Information; User Accounts.

a. Collection of your Personal Information. Some of the materials available on the Mend It Platform may require prior registration to access. If you decide to access such materials you will be required to register. We may refuse to grant you, and you may not use, a username, phone number, email address or screen name that is already being used by someone else; that may be construed as impersonating another person; that belongs to another person; that violates the intellectual property or other rights of any person; that is offensive; or that we reject for any other reason in our sole discretion. When you complete a registration with us, you will be required to provide certain personal information. You agree that such information will be true, accurate and complete, and that you will update this information promptly when it changes. If you provide any information that is untrue or inaccurate, not current, or incomplete, or if we suspect that your information is untrue or inaccurate, not current, or incomplete, we may, in our sole discretion and without advance notice, suspend or terminate your right to access any material for which registration is required. Any personally identifiable information supplied hereunder will be subject to the terms of the Privacy Policy.

b. Account, Password and Security. You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the Mend It Platform. You are solely and fully responsible for all activities that occur under your password or account, except that Mend It may, in certain circumstances, access your account to make changes that you request, such as rescheduling a Service appointment. Mend It has no control over the use of any User's account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at www.mendit.app/contact. Nothing in this section shall affect Mend It's rights to limit or terminate the use of the Mend It Platform, as provided below in section 4(b).

c. Proof of Identity. You may provide us with such proof of identity as we may reasonably request from time to time.

d. Text Messages and Phone Calls. By using the Mend It platform, you expressly consent and agree to accept and receive communications from us, including via fax, text (SMS) messages, calls, push notifications and other reasonable means at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on the Mend It Platform, to service your account, to reasonably address matters pertaining to your account, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your service request and our business, including marketing related communications. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send. By consenting to being contacted by Mend It, you understand and agree that you may receive communications, including marketing communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages, sent by or on behalf of Mend It, its affiliates, subsidiaries, parents and/or Users/Providers, including but not limited to: operational communications concerning your account or use of the Mend It Platform or Services, updates concerning new and existing features on the Mend It Platform, communications concerning promotions run by us, and news concerning Mend It and industry developments. For certain Professional Services, you also expressly authorize Mend It to send you an automated pre-recorded call confirming your Professional Services request, along with calls from up to four Providers that can help you with your request to the land-line or mobile phone number you provided, and you understand that either Mend It or the Providers may use automated phone technology (including autodialed and pre-recorded messages) to call you and that your consent is not required to purchase products or services. You agree that by using the Mend It Platform and requesting Professional Services, you are entering into a business relationship with Mend It and/or Providers and thus agree to be contacted by Mend It and/or Providers. You acknowledge that you are not required to consent to receive promotional messages as a condition of using the Mend It Platform or the Services. If a contact number you have provided to us is no longer your number, you agree to notify us promptly that you can no longer be reached at that number. You represent that you have received, and are authorized to convey to us, the consent of any authorized users on your account to be contacted by us as described in this Section. You agree that all consents provided in this Section will survive cancellation of your account. You may opt-out of receiving promotional or marketing texts or calls from Mend It at any time. You may opt-out of receiving all text (SMS) messages from Mend It (including informational or transactional messages) by replying with the word "STOP" or similar wording that may indicated in such messages to a text message from us; however you acknowledge that opting out of receiving all texts may impact your use of the Mend It Platform or the Services. You also acknowledge that Mend It or its third party service providers may record Customer service calls after notice to you and with your consent, in order to assist you when you contact our Customer support services. You agree to Mend It's use of a service provider to mask your telephone number when you call or exchange text (SMS) messages with a Professional or Customer using a telephone number provided by Mend It. During this process, Mend It and its service provider will receive in real time and store call data, including the date and time of the call or text (SMS) message, the parties' phone numbers, and the content of the text (SMS) messages. You agree to the masking process described above and to Mend It's use and disclosure of this call data for its legitimate business purposes.

TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO MEND IT AND THE PROFESSIONALS, AND TO CONSUMERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, INCLUDING BUT NOT LIMITED TO SOMEONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO MEND IT AND EACH PROFESSIONAL WHO PROVIDES SUCH PROFESSIONAL SERVICES, FOR THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO.

e. Emails. Mend It may send you confirmation and other transactional emails regarding the Professional Services. Mend It and its affiliates, subsidiaries, parents may also send you emails about other services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

3. Payments; Membership and Subscription Options with Recurring Charges; Mend It Quality Control Policy; Claims; Title to Property.

a. Payments. Customers are obligated to pay in advance for those Professional Services and/or Merchandise they OBTAIN through the Mend It Platform ("Payments"). Prior to the scheduled Professional Service, we will charge the Customer's credit card according to the amount the Customer has agreed to on the Mend It Platform with respect to those Professional Services and/or Merchandise, the Customer has ordered, and for all purchases and payments for reimbursement costs, fees, expenses or applicable taxes associated with a Professional Service as well as the Convenience Fee (as defined in 3(f) below), and the Customer hereby authorizes us to charge the credit card on file in the Customer's Mend It Platform account for such amounts. We will use third party services to process credit card information. By accepting this Agreement, you are giving Mend It (or a third-party payment processor on Mend It's behalf) permission to charge your on-file credit card, debit card, or other approved methods of payment for fees that you owe Mend It. Depending on the transaction you selected or services requested, Mend It may charge you on a one-time or recurring basis. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Professional Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Mend It at the prices in effect when such charges are incurred. We retain the right, in our sole discretion, to place a hold on the Customer's credit card for an ordered or completed Professional Service transaction. Seventy-two (72) hours after a Professional Service is completed, if there is no complaint by the Customer, we will mark the Professional Service as closed. Except for Professional Services that are requested through Service Referrals, all Payments by Customers must be made through the Mend It Platform. Professional Services scheduled or obtained outside of the Mend It Platform are not subject to our Mend It Quality Control Policy in Section 3(d). Except for the Mend It Quality Control Policy in Section 3(d), and the Refund Policy in Section 3(e), no refunds or credits will be provided once the Customer's credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. Customers will be liable for all transaction taxes on the Professional Service(s) provided (other than taxes based on Mend It's income). If we determine that your actions or performance may result in returns, chargebacks, claims, disputes, violations of our terms or policies, or other risks to Mend It or third parties, then Mend It may withhold any payments to you for as long as we determine any related risks to Mend It or third parties persist. For any amounts that we determine you owe us, we may (i) offset any amounts that are payable by you to us (in reimbursement or otherwise) against any payments we may make to you or amounts we may owe you; (ii) invoice you for amounts due to us, in which case you will pay the invoiced amounts upon receipt; (iii) reverse any credits to your bank account; or (iv) collect payment or reimbursement from you by any other lawful means. If we determine that your account has been used to engage in deceptive, fraudulent, or illegal activity, or to repeatedly violate this Agreement, then we may in our sole discretion permanently withhold any payments to you.

b. Service Rate. The rate for a Professional Service ("Service Rate") as determined by Mend It depends on factors, such as location, and payment terms may increase. Therefore, the same Professional Service may cost more in a different location. However, you will be notified prior to any such payment increase with sufficient notice.

c. Membership and Subscription Options with Automatic Renewal and Recurring Charges.

(i) In the future Mend It may offer Membership and/or Subscription Options. Mend It cannot guarantee that the same Service Provider will be available for each recurring service.

(ii) BILLING, RECURRING CHARGES AND AUTOMATIC RENEWAL: When a Customer signs up for a Membership or Subscription, Customer will be charged immediately for the initial fee. THEREAFTER, CUSTOMER'S AGREEMENT TO PAY FOR THE PROFESSIONAL SERVICE WILL AUTOMATICALLY RENEW AND CUSTOMER'S CREDIT CARD WILL BE CHARGED THE SAME NON-PROMOTIONAL AMOUNT, AS ORIGINALLY DISCLOSED TO CUSTOMER AT THE TIME OF SIGNING UP FOR THE MEMBERSHIP OR SUBSCRIPTION, AND/OR FOR ANY APPLICABLE CANCELLATION FEES AND TAXES.

(iii) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP OR SUBSCRIPTION: Customers may cancel the automatically renewing Membership and Subscription Options at any time by visiting the Mend It Help Center at www.mendit.app/contact or by mailing a notice of cancellation to Mend It Inc. 5340 Weslayan St. #270272, Houston, TX 77265.

CUSTOMERS MUST CANCEL MORE THAN TWENTY-FOUR HOURS PRIOR TO THEIR NEXT PROFESSIONAL SERVICE IN ORDER TO AVOID BEING CHARGED CANCELLATION FEES AND/OR FOR THEIR NEXT PROFESSIONAL SERVICE PURSUANT TO MEND IT'S CANCELLATION POLICY AS SET FORTH IN SECTION 4(e).

d. Mend It Quality Control Policy.

i. The Mend It Quality Control Policy provides certain limited additional protections provided by Mend It for Professional Services. Subject to the below exclusions and the terms and conditions and limitations herein, if you are dissatisfied with the performance of a Professional Service, Mend It, in its sole discretion, will have the specific Professional Service reperformed by a different Service Provider at no additional cost to the Customer. The Customer is eligible for the Mend It Quality Control Policy provided that the Customer reports the issue within seventy-two (72) hours of receiving the item by visiting the Mend It Help Center at www.mendit.app/contact. If the Customer does not report the issue within seventy-two (72) hours of the Service Provider's completion of the Professional Service, the claim is ineligible for the repair. For Membership and Subscription Options, each Professional Service is treated as a separate occurrence.

ii. A Customer will be covered under the Mend It Quality Control Policy for a Professional Service, subject to the exclusions in subsection (iii) below, provided:

iii. What is excluded from the Mend It Quality Control Policy? The "Mend It Quality Control Policy" does not cover the following:

iv. How do I submit a Claim? First report of a claim must be made within 72 hours of receiving the serviced item. After the first report, you will be asked to complete the full claim form within 7 days of receipt. If you do not complete the claim form in its entirety within 7 days of receipt, your claim will no longer be eligible for the Mend It Quality Control Policy. We urge you to read through these terms and conditions prior to submitting a claim. All claims will be reviewed on a case-by-case basis. During Mend It's claims assessment process, you may be required to provide written detailed: (1) proof of ownership of damaged/missing item; (2) proof of value of damaged/missing item; and (3) proof of damage or loss. If such information is requested, you will have 30 days from the date of the request to send Mend It the requested information. If you fail to provide the requested information within the 30 day time period and/or fail to contact Mend It to arrange for an extension of time, Your claim will be considered closed and no longer eligible for the Mend It Quality Control Policy. You also agree to: (A) protect and preserve any damaged property that is the basis of a claim from further damage; (B) assist and allow Mend It or its insurers access to inspect and make copies, photographs and recordings of anything relating to the claim; (C) accept repairs and/or remediation by a Service Provider; (D) accept a replacement only if repairs are proven not to be an option; (E) submit requested materials by the dates outlined by the Mend It resolutions team; and (F) accept a replacement item subject to the standard depreciation of that item. If any part of Your claim is approved, then as a condition to any payment to You under the Mend It Quality Control Policy, You will be required to execute and deliver to Mend It the release agreement within 14 days of receipt of the release agreement from Mend It, and assign to Mend It or its insurer any rights and remedies you may have to recover amounts paid to you with respect to an approved claim from any party that is financially responsible for the approve claims and any rights in any property that is recovered. The release agreement shall be rescinded and considered null and void if not signed and returned to Mend It within 14 days of Your receipt and the claim shall no longer shall be eligible for the Mend It Quality Control Policy.

e. Mend It Refund Policy.

i. If you decide that you do not want the Merchandise before it has been unpacked or opened, the Merchandise is torn, broken, defective or otherwise damaged, or if the Merchandise you ordered does not fit, you should contact the third party manufacturer or distributor, as applicable, of the Merchandise for a potential refund; provided, however, that Mend It shall not refund the cost of the Professional Services. Mend It shall not be responsible for any payment to you if you are unable to obtain a refund or replacement for the Merchandise from the third party manufacturer or distributor, as applicable, of the Merchandise.

ii. If any Merchandise is damaged only in the course of performing the Professional Services, Mend It will replace the damaged Merchandise (or, where applicable, the damaged component of the Merchandise) and re-perform the applicable Professional Services at no additional cost to you (provided, however, that Mend It shall not refund the cost of the Merchandise or refund the cost of the Professional Services, except as set forth in 3(d) above).

iii. From the date an order has been placed, the Customer will have 5 days to drop off their order at the designated Mender or drop-off point. A grace period of two weeks may be extended in certain circumstances if the customer contacts Mend It directly. If after 30 days the Customer has not dropped off their order at the designated Mender or drop-off point, Mend It will automatically issue a refund of the cost and taxes of the Professional Services, less the Convenience Fee.

f. Mend It Convenience Fee Mend It assesses a "Convenience Fee" to support the Mend It Platform, including costs related to platform improvement, insurance, customer support, and related services provided to you by the Mend It Platform. The Convenience Fee will be applied to each Professional Service requested through the Mend It Platform. The amount of the Convenience Fee may vary but shall be retained by Mend It in its entirety.

g. Title to Property

a. Title to each item of Property given through the donation and/or recycling programs will transfer to Mend It, Inc. and/or its partners. 

b. If a Customer uses Mend It’s Professional Services and their completed order is not picked up within 2 weeks, Mend It will make reasonable attempts to contact the Customer. If the order is not picked up within 45 days, the completed item will become property of Mend It and/or its partners.

4. Term and Termination; Cancellation of Professional Services; Savings Memberships and Subscriptions with Automatic Renewals; Survival.

a. Term. This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.

b. Termination by Mend It. We may terminate this Agreement or terminate or suspend your right to use the Mend It Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the Mend It Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, "Prohibited Conduct") by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. Except in the event that we terminate or suspend your right to use the Mend It Platform due to any Prohibited Conduct, we will refund in full any payments for Professional Services that have not been performed or completed. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Mend It may delete the account and all the information in it. You have no ownership rights to your account.

c. Termination by You. You may terminate this Agreement by completely and permanently ceasing to use the Mend It Platform (provided that there are no outstanding Professional Services ordered under your password or account) and by closing any account you have opened on the Mend It Platform. If you attempt to terminate this Agreement while there are still outstanding Professional Services ordered under your password or account, this Agreement shall not terminate until such Professional Services have been performed or otherwise canceled as permitted by Mend It.

d. Mend It Savings Membership.

(i) Savings Membership: Mend It may from time to time offer Customers the opportunity to purchase Professional Services that are booked and paid for directly on the Mend It Platform at a discount provided the Customer first agrees to purchase an annual or monthly Mend It Savings Membership (“Mend It Savings Membership”). Any discounts obtained through Mend It Savings Membership cannot be combined or used with any other discounts, coupons or offers on the Professional Services.

(ii) BILLING AND AUTOMATIC RENEWAL: When you first sign up and purchase Mend It Savings Membership, you will be billed immediately for your initial Mend It Savings Membership subscription period. BY ENROLLING IN MEND IT SAVINGS MEMBERSHIP, IN ADDITION TO ANY PROFESSIONAL SERVICES YOU PURCHASE THROUGH MEND IT SAVINGS MEMBERSHIP, YOU AUTHORIZE MEND IT TO CHARGE YOU FOR YOUR INITIAL MEND IT SAVINGS MEMBERSHIP SUBSCRIPTION PERIOD AND A RECURRING ANNUAL OR MONTHLY AT THE THEN CURRENT RATE, WHICH MAY CHANGE FROM TIME TO TIME. YOUR MEND IT SAVINGS MEMBERSHIP WILL AUTOMATICALLY RENEW AND PRIOR TO THE START OF THE NEXT SUBSCRIPTION PERIOD, YOU WILL BE CHARGED THE APPLICABLE MEND IT SAVINGS MEMBERSHIP FEE TO YOUR PROVIDED PAYMENT METHOD ON A RECURRING BASIS UNTIL CANCELED AS SET FORTH HEREIN. UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT YOUR MEND IT SAVINGS MEMBERSHIP TO AUTO RENEW, YOU UNDERSTAND THAT YOUR MEND IT SAVINGS MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE MEND IT (WITHOUT NOTICE TO YOU UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

(iii) Cancellation Fees: The cancellation of any Professional Service while you are enrolled in Mend It Savings Membership is subject to the cancellation policy, including the payment of any cancellation fees, as further described above.

(iv) Declination of Payment: If an eligible payment method Mend It has on file for you is declined for payment, you must provide us with a new eligible payment method promptly or your Mend It Savings Membership will be canceled. If you provide us with a new eligible payment method and are successfully charged, your Mend It Savings Membership period will be based on the original enrollment or renewal date and not the date of the successful charge.

(v) CANCELLATION OF AUTOMATICALLY RENEWING MEMBERSHIP: YOU WILL NOT BE CHARGED A MEND IT SAVINGS MEMBERSHIP FEE FOR THE SUBSEQUENT PERIOD IF YOU CANCEL YOUR MEND IT SAVINGS MEMBERSHIP AT LEAST THREE DAYS BEFORE YOUR NEXT MEND IT SAVINGS MEMBERSHIP RENEWAL DATE. You may cancel your Mend It Savings Membership by visiting the Mend It Help Center at www.mendit.app/contact or by mailing a notice of cancellation to Mend It Inc., Inc. Attn.: Legal, Mend It Inc. 5340 Weslayan St. #270272, Houston, TX 772659. Following cancellation of your Mend It Savings Membership you will continue to have access to Mend It Savings Membership through the end of your current paid Mend It Savings Membership period. Should you cancel Mend It Savings Membership, Mend It reserves the right to cancel any Professional Service appointments scheduled outside the current paid Mend It Savings Membership period.

e. Cancellation Policy for Mend It’s Professional Services. Mend It's cancellation policy (found at www.mendit.app/contact) for specific Professional Services is as follows: (i) if a Customer cancels their scheduled Professional Service and their items have not been dropped off at the Mender or designated drop-off point, they may receive a full refund, less the Convenience fee; (ii) if a Customer cancels their scheduled Professional Services and their items have already been dropped off at the Mender or designated drop-off point, they may choose not to have their items serviced, but a refund for the Professional Services or the Convenience fee will not be provided.

f. Policy for Service Cancellation by Service Provider. When a Service Provider is unable to fulfil an order, Mend It will match the Customer with a different Service Provider. If the item is deemed unable to be repaired, it will be returned to the Customer with a full refund. 

5. Links to and Plug-Ins from Other Websites or Media. 

Links (such as hyperlinks) from the Mend It Platform to and plug-ins from sites or applications owned, operated or controlled by third parties (collectively, "Third Party Sites") do not constitute the endorsement by Mend It of the Third Party Sites or their content; similarly, unless otherwise expressly stated, those Third Party Sites do not endorse Mend It. Such links and plug-ins are provided as an information service, for reference and convenience only. Mend It does not control any Third Party Sites, and is not responsible for their content. It is your responsibility to evaluate the content and usefulness of the information obtained from Third Party Sites. The use of any Third Party Site is governed by the terms and conditions of use and privacy policy of that Third Party Site. YOU ACCESS THIRD PARTY SITES AT YOUR OWN RISK. MEND IT EXPRESSLY DISCLAIMS ANY LIABILITY ARISING IN CONNECTION WITH YOUR USE AND/OR VIEWING OF ANY THIRD PARTY SITES, AND YOU HEREBY AGREE TO HOLD MEND IT HARMLESS FROM ANY LIABILITY THAT MAY RESULT FROM THIRD PARTY SITES.

6. Submission Areas. 

The Mend It Platform may contain blogs, message boards, applications, opportunities to provide reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users and with Mend It (collectively, "Submission Areas"). Some areas in the Submission Areas within the Mend It Platform will be public and Mend It will not be responsible for any information or materials posted in such public areas. Mend It may, in its discretion, publicly post submissions you submit to a non-public area of the Mend It Platform. You may only use Submission Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. "Your Information" is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the Mend It Platform, including without limitation, information and materials that are posted or transmitted for use in Submission Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information: (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the Mend It Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of our Internet Service Providers (ISPs), Customers, or other partners or suppliers. You hereby grant us a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Submission Areas from or through your account on the Mend It Platform, including but not limited to all images, videos, musical works and text included in such postings and to such other persons and/or entities as Mend It may designate. The rights you grant in this license are for the limited purpose of operating, advertising, marketing, promoting, and improving the Mend It Platform. We reserve the right to remove postings from Submission Areas in our sole discretion.

7. Rules for Use of the Mend It Platform. 

During the term of this Agreement, Customers may use the Mend It Platform for your personal use only (or for the use of a person, including a company or other organization that you validly represent). Customers may use the Mend It Platform to request Professional Services solely with respect to clothing or textile products which the Customer is legally authorized to have Professional Services performed. Customers may not use the Mend It Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Customers agree to treat Providers courteously and lawfully and to provide reasonable co-operation to Providers to enable them to supply Professional Services. Customers agree to comply with our complaint and other policies designated on the Site. Customers acknowledge that their selected Service Provider may be unavailable from time to time. You shall NOT use the Mend It Platform (including but not limited to any Submission Areas) to do any of the following:

a. Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another's computer.

b. Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.

c. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff, other Users, and Service Providers.

d. Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.

e. Use the Mend It Platform or any Professional Service for any purpose or in any manner that is in violation of local, state, national, or international law.

f. Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.

g. Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the Mend It Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Professional Services facilitated through the Mend It Platform without express written permission from us.

h. Use the Mend It Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.

i. Conduct or forward surveys, contests, pyramid schemes, or chain letters.

j. Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.

k. Post the same note repeatedly (referred to as 'spamming'). Spamming is strictly prohibited.

l. Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the Mend It Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.

m. Restrict or inhibit any other User from using and enjoying the Mend It Platform.

n. Imply or state that any statements you make are endorsed by us, without our prior written consent.

o. Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the Mend It Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the Mend It Platform in any manner, or attempt to do any of the foregoing.

p. Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.

q. Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.

r. Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit anyone, and in particular people under the age of 18, in an abusive, violent or sexual manner.

s. Register to use the Mend It Platform under different usernames or identities, after your account has been suspended or terminated.

t. Mirror or archive any part of the Mend It Platform or any content or material contained on the Mend It Platform without Mend It's written permission.

u. Forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or providing false or misleading representations in the sender information, subject line, locator, or content of any electronic message.

v. Alter transmission data without Mend It's consent

w. Purchase Merchandise for the purposes of reselling it.

8. No Employment. 

Mend It provides a software platform which allows you to obtain certain services that Mend It fulfills using independent Providers. Mend It is not the employer of any Service Providers, and Service Providers are not Mend It’s agents for any purpose whatsoever. You acknowledge that we do not supervise, direct, or control a Service Providers's work or Professional Services performed in any manner.

9. Special Promotions; Gift Cards and Vouchers.

a. Changes to Promotions. We may from time to time provide certain promotional opportunities to Customers. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.

b. Promotional Coupons

i. Promotional coupons are only eligible for the specific services designated by Mend It in such promotions. Promotional coupons are valid for a limited time only and expire on the date indicated when you receive the applicable promotional coupon. Failure to use promotional coupons before such expiration date will result in the forfeiture of the promotional coupon. Mend It reserves the right to cancel promotional coupons at any time. No refunds will be granted for any expired or canceled promotional coupons

ii. Mend It promotional coupons have no intrinsic value, are not redeemable for cash, have no cash value, and serve merely as a means to recognize and provide an incentive to use the Mend It Platform. Promotional coupons may not be purchased for cash and Mend It does not sell promotional coupons. Promotional coupons are nonrefundable.

iii. Promotional coupons will not be applied against any sales, use, gross receipts or similar transaction based taxes that may be applicable to you, and/or fees or charges for use of any ineligible services.

iv. Each promotional coupon can only be used once and your Mend It account will be billed for all fees and charges for use of any eligible service in excess of the amount of available promotional coupon.

c. Referral Discounts. In the event that you are given a code through which you may refer a friend to the Mend It Platform in exchange for a referral discount, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Mend It referral discounts are redeemable only for Professional Services. Mend It referral discounts have no cash value and are not redeemable for cash unless otherwise required by law. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact us at www.mendit.app/contact.

d. Vouchers.

i. Mend It vouchers or promotional codes for special offers or discounts ("Vouchers") may be available and can be used to pay in part or in full for Professional Services.

ii. You agree that you will only use one Voucher per person and will use Vouchers in accordance with the Voucher terms and conditions.

iii. You agree that you will comply with all Voucher terms and conditions.

iv. Use of Vouchers is further subject to the below terms and conditions regarding Gift Cards

e. Gift Cards

i. Mend It Gift Cards ("Gift Cards") are redeemable only for Professional Services. Gift Cards have no cash value and are not redeemable for cash unless otherwise required by law.

ii. Gift Cards must be presented at the time of purchase and any available balance will be applied to your purchase.

iii. Gift Cards do not expire and there are no inactivity, dormancy or service fees associated with Gift Cards.

iv. You agree that you will comply with all Gift Card terms and conditions.

v. Gift Cards are not replaceable if lost or stolen, and cannot be combined with any other Gift Cards, Vouchers, gift certificates, or other coupons.

vi. Gift Cards cannot be used for previous purchases, credits, or the purchase of Gift Cards, and cannot be used to make a payment towards third party items the balance on a credit card.

vii. We reserve the right to limit quantities of Gift Cards purchased by any person or entity and to cancel a Gift Card if we believe that the Gift Card was obtained through fraudulent or unauthorized means. Specifically, you may not purchase or obtain more than $1,000 in Gift Card value in any one day regardless of location, whether on a single Gift Card or multiple Gift Cards. Moreover, you may not purchase or obtain any one Gift Card with a value of more than $1,000 in any one day.

viii. No credit card, credit line, overdraft protection, or deposit account is associated with your Gift Card. Unused Gift Card balances are not transferable, and you may not sell a Gift Card or otherwise barter for its exchange although you may give a Gift Card to someone else as a gift.

ix. A Gift Card is void if copied, altered, transferred, purchased or sold.

x. Purchases of Gift Cards are final and not refundable. All sales are final.

xi. We reserve the right to correct the balance of a Gift Card if we believe that a billing error has occurred, and we disclaim all liability for any such billing errors.

xii. Gift Cards and their use are subject to this Agreement (including the Privacy Policy) and any specific terms and conditions of the Gift Cards and use of a Gift Card constitutes acceptance thereof. Applicable terms and conditions are subject to change without notice. If the laws pertaining to a Gift Card require additional or different terms and conditions, then such terms and conditions shall apply. For questions or additional information, contact us at www.mendit.app/contact.

xiii. In the event you do not use your Gift Card for a certain period of time, we may be required to turn over the remaining Gift Card balance to a state under such state's unclaimed or abandoned property law. Although your Gift Card does not expire, if we are obligated to turn over the remaining balance of your Gift Card under a state's unclaimed property law, by operation of law we will be released from any further liability or obligation with respect to your Gift Card and you may be required to contact the state's unclaimed property administrator to attempt to recover your unused Gift Card balance. To protect your right to continue to use your remaining Gift Card balance, we will make reasonable efforts to exempt your Gift Card from state unclaimed property laws.

10. Intellectual Property Rights. 

The Mend It Platform, and the information, data, content and materials, which it contains ("Mend It Materials"), are the property of Mend It and/or its affiliates, subsidiaries, parents and licensors, excluding User-generated content, which Mend It has a right to use as described below. The Mend It Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. Mend It and/or its affiliates, subsidiaries, parents and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the Mend It Materials. Any use of Mend It Materials, other than as expressly permitted herein, is prohibited without the prior permission of Mend It and/or the relevant right holder. The service marks and trademarks of Mend It, including without limitation www.mendit.app  and the Mend It logo are service marks owned by Mend It. Any other trademarks, service marks, logos and/or trade names appearing on the Mend It Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the Mend It Platform without the express prior written consent of the owner.

11. Copyright Complaints and Copyright Agent. 

Mend It respects the intellectual property of others, and expects Users to do the same. Mend It will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Mend It Platform infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to Mend It a properly submitted copyright notice as indicated below, Mend It will investigate, and if it determines, in its discretion, that the material is infringing, Mend It will remove the content and may terminate the access of the User who posted such content to the Mend It Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:

(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included.

(ii) A statement specifically identifying the location of the infringing material, with enough detail that Mend It may find it on the Mend It Platform. Please note: it is not sufficient to merely provide a top level URL.

(iii) The complete name, address, telephone number and email address of Complainant.

(iv) A statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law.

(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed; (vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.

Mend It's contact information for notice of alleged copyright infringement is:

Email: legal@mendit.app

Or via Mail:

Attn: Copyright Agent

Mend It Inc., d/b/a Mend It

5340 Weslayan St. #270272 

Houston, TX 77265

 

12. The App / Mobile Devices.

a. The Mend It Platform may allow you to access our services, download our Apps, upload content to the Mend It Platform, and receive messages on your mobile device (collectively "Mobile Features"). Your mobile device carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your mobile device carrier or mobile device. In addition, your mobile device carrier may charge you for standard messaging, data, and other fees to participate in Mobile Features. We have no responsibility or liability for any fees or charges you incur when using the Mobile Features. You should check with your mobile device carrier to find out whether any fees or charges will apply, what plans are available and how much they cost. You should also contact your mobile device carrier with any other questions regarding these issues.

b. You acknowledge that your use of the Apps is subject to any terms set forth in the terms of service of the third party providing the mobile device on which the App operates (e.g., Apple iOS or Android).

c. Mend It is not liable if you do not have a compatible mobile device or if you download the wrong version of an App for your mobile device. Mend It reserves the right to terminate the use of the Apps or any other aspect of the Mend It Platform should you be using the Apps or the Mend It Platform with an incompatible or unauthorized device.

d. App Store Sourced Application.

(i) With respect to Apps accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Mend It reserves all rights in and to the Apps not expressly granted to you under this Agreement.

(ii) You acknowledge and agree that (i) this Agreement is valid between you and Mend It only, and, that Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below, and (ii) Mend It, not Apple, is solely responsible for the App Store Sourced Application and the Mend It Platform Content.

(iii) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or support services to you with respect to the App Store Sourced Application.

(iv) To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App Store Sourced Application.

(v) Notwithstanding anything to the contrary herein, and subject to the terms in this Agreement, you acknowledge that, solely as between Apple and Mend It, Mend It and not Apple is responsible for addressing any claims you may have relating to the App Store Sourced Application, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(vi) Further, you agree that if the App Store Sourced Application, or your possession and use of the App Store Sourced Application, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.

(vii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement for App Store Sourced Applications, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement for App Store Sourced Applications against you as a third-party beneficiary thereof.

(viii) Without limiting any provisions of this Agreement, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

e. Google Play Store Sourced Application.

The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Application”): 

(i) You acknowledge that the Agreement is solely between you and Mend It only, and not with Google, Inc. (“Google”).

(ii) Your use of Google-Sourced Application must comply with Google’s current Google Play Store Terms of Service. 

(iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Application. 

(iv) Mend It, and not Google, is solely responsible for its Google-Sourced Application. 

(v) Google has no obligation or liability to you with respect to Google-Sourced Application or the Agreement.

(vi) You acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Mend It’s Google-Sourced Application.

13. Modifications to the Mend It Platform. 

We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the Mend It Platform or any content or information on the Mend It Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the Mend It Platform.

14. Confidentiality. 

The term "Confidential Information" shall mean any and all of Mend It's trade secrets, confidential and proprietary information, personal information and all other information and data of Mend It that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. The Mend It Platform contains secured components that are accessible only to those who have been granted a username and password by Mend It. Information contained within the secure components of the Mend It Platform is confidential and proprietary. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Mend It and agree that you will not use Confidential Information other than as necessary for you to make use of the Mend It Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify Mend It in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall implement reasonable technical, physical and administrative safeguards to protect Confidential Information from loss or theft, as well as unauthorized access, disclosure, copying, transfer, modification or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Mend It upon termination of this Agreement for any reason whatsoever.

15. Disclaimer of Warranties; Limitation on Liability.

a. USE OF THE MEND IT PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE MEND IT PLATFORM IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MEND IT NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE MEND IT PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE MEND IT PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY SERVICE PROVIDER'S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MEND IT PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, QUALITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES, PROFESSIONAL SERVICES, ANY PRODUCTS, MERCHANDISE, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE MEND IT PLATFORM OR THIS AGREEMENT. ACCESS TO THE MEND IT PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER MEND IT NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE MEND IT PLATFORM. NEITHER MEND IT NOR ITS AFFILIATES, PARENTS, SUBSIDIARIES OR LICENSORS WARRANT THAT THE MEND IT PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. MEND IT AND ITS AFFILIATES, SUBSIDIARIES, PARENTS AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.

b. NO LIABILITY. YOU AGREE NOT TO HOLD MEND IT, ITS AFFILIATES, ITS PARENTS, ITS SUBSIDIARIES, ITS LICENSORS, OR ANY OF SUCH PARTIES' AGENTS, EMPLOYEES, OWNERS, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, "MEMBERS") LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE MEND IT PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY MEND IT OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL MEND IT OR MEMBERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MEND IT PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE MEND IT'S QUALITY CONTROL POLICY, UNDER NO CIRCUMSTANCES WILL MEND IT OR MEMBERS BE LIABLE FOR ANY DIRECT DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE MEND IT PLATFORM OR ANY PROFESSIONAL SERVICES OR MERCHANDISE, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. EXCEPT AS EXPRESSLY PERMITTED UNDER THE TERMS OF THE MEND IT'S QUALITY CONTROL POLICY. MEND IT AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE MEND IT PLATFORM, THE PROFESSIONAL SERVICES, THE MERCHANDISE OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT MEND IT OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LESSER OF (1) TOTAL FEES PAID BY YOU TO MEND IT DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE. OR (2) THE AMOUNT EXPRESSLY PERMITTED UNDER THE MEND IT QUALITY CONTROL POLICY AS SET FORTH IN SECTION 3(d).

c. RELEASE. MEND IT AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE MEND IT PLATFORM. TO THE EXTENT THAT THE MEND IT PLATFORM CONNECTS A USER TO A THIRD PARTY PROVIDER FOR THE PURPOSES OF PROVIDING OR OBTAINING MERCHANDISE HEREUNDER, MEND IT WILL NOT BE RESPONSIBLE FOR ASSESSING THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTY PROVIDERS AND YOU EXPRESSLY WAIVE AND RELEASE MEND IT FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD PARTY SERVICE PROVIDER. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE MEND IT AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

d. ADDITIONAL DISCLAIMER. YOU UNDERSTAND, THEREFORE, THAT BY USING THE MEND IT PLATFORM, YOU MAY BE EXPOSED TO PROFESSIONAL SERVICES AND/OR MERCHANDISE THAT ARE POTENTIALLY DANGEROUS, OFFENSIVE, HARMFUL TO MINORS, UNSAFE OR OTHERWISE OBJECTIONABLE, AND THAT YOU USE THE MEND IT PLATFORM, AND SUCH SERVICE PROVIDER, AT YOUR OWN RISK.

NOTHING IN THIS AGREEMENT OR THE MEND IT PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE SERVICE PROVIDER.

BY USING THE MEND IT PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE MEND IT PLATFORM.

YOU ACCEPT THAT, AS A CORPORATION, MEND IT HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST MEND IT'S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT MEND IT'S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AFFILIATES, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS MEND IT.

EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

16. Indemnification. 

You hereby agree to indemnify, defend, and hold harmless Mend It, its licensors, and each such party's directors, officers, parents, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including reasonable attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or misuse of or inability to use the Mend It Platform, any Merchandise and/or any Professional Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Providers), and (v) Your Information and content that you submit or transmit through the Mend It Platform. Mend It reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Mend It.

17. Mutual Arbitration Agreement.

a. Informal Negotiations. To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and Mend It, including without limitation any dispute or claim related to or arising out of this Agreement ("Dispute"), you and Mend It may attempt to negotiate any Dispute informally (the "Informal Negotiations") before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this section is your email address and/or physical address that you have provided to Mend It. Mend It's address for such notices is: legal@mendit.app and/or by mail to Mend It Inc., Inc., Attn: Legal, 5340 Weslayan St. #270272, Houston, TX 77265.

b. Arbitration. If a Dispute is not resolved through Informal Negotiations, you and Mend It agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration ("Arbitration Agreement"). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, Mend It may, in its sole discretion, pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the "Class Action Waiver" described in Section d below.

c. Excluded Disputes. You and Mend It agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for temporary or preliminary injunctive relief on the ground that without such relief the arbitration provided in this Arbitration Agreement may be rendered ineffectual.

d. WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.

You and Mend It agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action ("Class Action Waiver"). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.

e. Rules/Standards Governing Arbitration Proceeding. A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in Houston, Texas, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator's decision/award.

f. Severability. You and Mend It agree that if any portion of this section entitled "Mutual Arbitration Agreement" is found illegal or unenforceable, that portion will be severed and the remainder of this section 17 will be given full force and effect.

18. Governing Law; Jurisdiction.

Except for the Arbitration Agreement in Section 17, which is governed by the Federal Arbitration Act and except as may be prohibited by the law of the State in which you primarily reside, this Agreement is governed and interpreted pursuant to the laws of the State of Texas, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Harris county, Texas.

19. Assignment.

This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.

20. General Provisions.

All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 13-23, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and Mend It with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to Mend It. Mend It's address for such notices is: legal@mendit.app and/or by mail to Mend It Inc., Inc., Attn: Legal, 5340 Weslayan St. #270272, Houston, TX 77265. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by Mend It, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Mend It shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond Mend It's reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Providers to perform, flood, fire, explosion, acts of terrorism or accident.

21. Changes to this Agreement. 

We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the Mend It Platform. Your continued use of the Mend It Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.

22. Severability. 

These Terms shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by law, and such determination shall not affect the validity and enforceability of any other remaining provisions.

23. Contact Information.

If you have any questions regarding this Agreement, please contact us at legal@mendit.appit.app or by mail the below address:

Mend It Inc., Inc. d/b/a Mend It
Attn.: Legal
5340 Weslayan St. #270272 

Houston, TX 77265

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE MEND IT PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Last updated: August 11, 2021

acilitates communications between Users offered through our website located at www.mendit.app, as it may be modified, relocated and/or redirected from time to time (the "Site"), and the mobile applications offered by us (the "Apps"). Our services, platform, Site and Apps are collectively referred to as the "Mend It Platform".

By accessing, using or registering with the Mend It Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to accept and be bound by this Agreement, you must immediately stop using the Mend It Platform. Mend It's acceptance is expressly conditioned upon your acceptance of this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.

By using the Mend It Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

Mender Terms and Conditions

Effective Date: February 18, 2025 

PLEASE READ THESE TERMS CAREFULLY. BY EXECUTING AN ORDER WITH MEND IT, INC. OR OTHERWISE AGREEING TO THESE TERMS, YOU OR THE ENTITY THAT YOU REPRESENT AGREE TO BE BOUND BY HEREBY. IN PARTICULAR, SECTION 8 REQUIRES THAT ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

These Terms and Conditions (these “Terms”), together with the sign-up form (“Sign-Up Form”) which makes reference to them (collectively, the “Agreement”), are entered into by and between Mend It Inc. (,"Mend It" or "we", "us", or the "Company") and the Mender set forth on the Sign-Up Form, effective as of the effective date set forth on the Sign-Up Form (the “Effective Date”).

MendIt Service.

(a) Mend It offers a proprietary service (the “Mend It Platform”) designed to connect people who wish to place orders (“Users”) for clothing repair and alterations with local small businesses that mend and repair clothes (“Menders”), and sometimes but not always via clothing retailers (“Brands”). (b) Mend It is not currently a clothing repair service, nor does it supply any products to fill orders. We may or may not offer these services directly now or in the future. Menders are not Mend It employees, representatives or agents (rather, Menders are independent business entities  that use the Mend It Platform to make the connection to Customers and/or Brands).

(c) Mend It will appoint an Account Manager (“Account Manager”) to serve as the primary point of contact for Mender regarding its participation in the Mend It Platform. Mend It will identify the initial Account Manager and provide Mender with contact information contemporaneously with or shortly following the execution of this Agreement.

Mender Participation.

(a) Mender hereby authorizes Mend It to identify Mender by name and logo as a participating Mender and grants Mend It a royalty-free license to: (i) use such Mender trademarks, service marks and logos as Mender provides to Mend It in connection with this Agreement and (b) use Mender’s photos, text, logo samples and other content as Mend It reasonably requires (including the right to reformat and otherwise modify the foregoing in order to fit and display through Mend It’s mobile applications and website), in each case to provide the Mend It Platform to Mender and its Customers, to promote the Mend It Platform, and to perform its obligations under this Agreement. Mend It hereby authorizes Mender to identify the Mend It Platform as a service option to its customers and to use such Mend It trademarks, service marks and logos as Mend It provides to Mender in connection with this Agreement for such purpose. Each of Mend It and Mender will use the other party’s trademarks, service marks and logos in such form as provided and otherwise in accordance with any usage guidelines that the other party provides.

(b) As part of the Mend It Platform, during the term of this Agreement, Mend It may provide Mender with access to an online portal (“Mender Portal”) that displays certain metrics relating to sales generated via the Mend It Platform.

(c) As between Mend It and Mender, Mend It shall own all right, title, and interest in and to any data collected or generated from, or transmitted or made accessible via, the Mend It Platform, including any personal information provided by Customers or data displayed within the Mender Portal (“Mend It Data”). Subject to the terms and conditions of this Agreement, Mend It grants to Mender a non-exclusive, non-transferable, non-sublicensable, royalty-free license during the term of this Agreement to use for Mender’s internal business purposes the Mend It Data that is (i) displayed within the Mender Portal, or (ii) included in any aggregated reports provided by Mend It to Mender. Except as set forth above, Mender agrees not to access, collect, store, retain, transfer, use or otherwise process in any manner Mend It Data except as required to perform as contemplated by this Agreement. Mender shall keep Mend It Data secure from unauthorized access and maintain the accuracy and integrity of Mend It Data in Mender’s custody or control by using appropriate organizational, physical and technical safeguards. If Mender becomes aware of any unauthorized access to Mend It Data, Mender will immediately notify Mend It, consult and cooperate with investigations and potentially required notices, and provide any information reasonably requested by Mend It. For the avoidance of doubt, any information that a Customer of Mender chooses to provide directly to Mender shall not be considered Mend It Data.

(d) Mend It’s pricing and the other terms of this Agreement, Mend It Data, along with any technical information regarding the operation of the Mend It Platform and technology, is the confidential and proprietary information of Mend It. Mender agrees to treat all such information, whether provided to Mender prior to or after the execution of this Agreement, as confidential, to not disclose it to any third party without Mend It’s prior written permission and to use it only for purposes of using in the Mend It Platform.

(e) Each party retains all rights in and to their individual products, services, technology, business methods, trademarks and other pre-existing intellectual property except as expressly granted in this Agreement. Mender hereby assigns all rights in and to any comments, suggestions or other feedback that it may provide to Mend It.

(f) All references and use by either party of the other’s trademarks, service marks or logos other than as contemplated by this Agreement will be subject to such party’s prior written approval.

Fees, Payment & Taxes.

App transactions. Customers will place orders in the app and prepay for services, taxes, and a flat transaction fee. Menders will provide their bank account number to Stripe when signing up as a mender via the app. The services and taxes amount will go directly to the Menders’ bank account, and the transaction fee will go to the Company’s bank account. The Company will not have access to any banking data; all payments will be processed via Stripe and Stripe’s servers. 

Brand transactions. MendIt will pay the Mender directly upon completion of the service via Venmo, ACH, check or some other mutually agreeable means of payment. 

The following applies to all transactions: the Mender will pay their contract sewists as usual.The Mender shall be responsible for payment of all taxes including Federal, State and local taxes arising out of the Mender’s activities in accordance with this Agreement, including by way of illustration but not limitation, Federal and State income tax, Social Security tax, Unemployment Insurance taxes, and any other taxes or business license fee as required. The Mender shall assume all liabilities or obligations imposed by any one or more of such laws. In addition, as an independent business entity, the Mender accepts and holds full responsibility for personal benefits, including by way of illustration but not limitation, health insurance and retirement savings.

Term & Termination.

This Agreement will commence on the Effective Date and continue until terminated. Either party may terminate this Agreement at any time and for any reason upon thirty days written notice to the other party. The provisions of Sections 2(d), 3 (as to amounts owed as of termination), 6, 8 and 9 shall survive the termination for any reason. All other rights and obligations of the parties shall cease upon termination.

Representations and Warranties.

Mender represents and warrants that (a) it has the full right, power, and authority to enter into and perform its obligations under this Agreement without breaching any obligation to any third party, (b) the operation of its business, including without limitation clothing repair and alterations, will at all times comply with all applicable laws, rules, standards and regulations (including those relating to regulatory permits and licenses, data protection and privacy laws, and third party intellectual property or proprietary rights, as applicable); and (c) owns, licenses, or otherwise has secured all necessary intellectual property rights in and to any photos or other content shared with Mend It in connection with this Agreement. THE MEND IT PLATFORM IS PROVIDED “AS IS”, AND MEND IT HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MENDER ABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, NON-INTERFERENCE AND NON-INFRINGEMENT. MEND IT DOES NOT WARRANT THAT THE MEND IT PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE.

Mutual Indemnification and Limitation on Liability.

(a) (i) Each party shall indemnify, defend, and hold the other party, its affiliates, and each of their directors, officers, shareholders, employees, independent contractors, attorneys, and agents harmless from and against all third-party claims, suits and proceedings and all damages, fines, penalties, liabilities and other amounts awarded in final resolution thereof and the costs and expenses (including reasonable attorneys’ fees) incurred by the indemnified party in connection with such claim, suit or proceeding to the extent arising from (A) the failure by such party or any of its employees, agents or independent contractors to comply with applicable law or regulatory requirements, (B) any personal injury, death or damage to property caused by such or its employees, agents or independent contractors or, in the case of Mender, any product sold thereby, (C) such party’s breach of any representations or warranties hereunder, or (D) any infringement by such party or any of its services, products, technologies, materials, trademarks, service marks or logos of the intellectual property or proprietary rights of any third party.

(ii) The indemnifying party’s obligations under this Section 6(a) are conditioned upon the indemnified party providing the indemnifying party with prompt written notice to the claim (provided that the failure to provide such notice will not relieve the indemnifying party of its obligations unless such failure prejudices its ability to defend the claim), control of the defense (provided that the indemnified party may participate with counsel of its choosing at its own expense), and such assistance as the indemnifying party may reasonably request.

(b) IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY OR ANY OTHER ENTITY FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, HOWEVER CAUSED ON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION LOST PROFITS. THESE LIMITS AND EXCLUSIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND ARE INTENDED TO BE CUMULATIVE AND NOT PER INCIDENT. NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE ABOVE LIMITATIONS SHALL NOT APPLY TO PAYMENT OBLIGATIONS FOR SERVICES PROVIDED HEREUNDER (WHICH SHALL HAVE NO LIMITATION) OR CONFIDENTIALITY OR INDEMNIFICATION OBLIGATIONS HEREUNDER (WHICH IN THE AGGREGATE SHALL BE LIMITED TO THE HIGHER OF (I) TWO HUNDRED AND FIFTY THOUSAND DOLLARS OR (II) AVAILABLE INSURANCE COVERAGE PROCEEDS).  

Insurance.

Unless otherwise mutually agreed in writing (which may include e-mail), during the term of this Agreement each party shall, at its sole cost and expense, maintain in full force and effect the following insurance coverage: (a) Commercial General Liability insurance in an amount of not less than one million dollars ($1,000,000) each occurrence and two million dollars ($2,000,000) in the aggregate; and (b) Workers’ Compensation insurance (covering employees, not independent contractors) with statutory limits for all applicable state regulations (or be a nonsubscriber under Texas law). Additionally, Mend It agrees to maintain the following coverages: (x) automobile liability with minimum limits of at least one million dollars ($1,000,000) per occurrence combined single limit inclusive of owned, hired, and non-owned vehicles, and (y) Umbrella/Excess Liability with a limit not less than three million dollars ($3,000,000) per claim and in the aggregate. Notwithstanding anything to the contrary elsewhere, Mender acknowledges and agrees that Mend It may satisfy all of its insurance obligations hereunder through a system of self-insurance or self-retention amounts or policies maintained by Mend It or its affiliates. Each party agrees to provide a Certificate of Insurance evidencing the above coverages to the other upon request. For clarity, Mend It contractually requires any Runner (who may pick up/drop off orders) to maintain automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy the minimum requirements to operate a private passenger vehicle on the public roads within the area in which the Runner operates, which coverage must also include any additional endorsements required by their insurance carrier to cover commercial activities and any no-fault coverage required by law.

Governing Law and Arbitration.

This Agreement shall be governed by and construed under the laws of the State of Texas, without reference to conflict of law principles. Any dispute or claim arising out of or related to this Agreement, or the interpretation, making, performance, breach, validity or termination thereof, shall be finally settled by binding arbitration in Harris County, Texas under the American Arbitration Association Commercial Arbitration Rules (together the “AAA Rules”) by one neutral arbitrator appointed in accordance with the AAA Rules. The arbitrator shall apply Texas law to the merits of any dispute or claim, without reference to rules of conflict of law. The arbitrator shall have the power to decide all questions of arbitrability. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The parties may apply to any court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary, without breach of this arbitration requirement and without any abridgment of the powers of the arbitrator. MENDER AGREES TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS.

Miscellaneous

The relationship of the parties established hereby is that of independent business entities ; neither party has authority to bind the other. This Agreement is the entire agreement and understanding of the parties relating to the subject matter herein and supersedes all prior discussions between them, unless a separate mutually executed written agreement exists between the parties in which case such written agreement shall govern. Mend It reserves the right, at its sole discretion, to change, suspend, or discontinue the Mend It Platform (including without limitation, the availability of any feature or content) at any time. Mend It also may revise these Terms from time to time, with the most recent version available at www.mendit.app. Mend It will notify Menders of material revisions via a service notification or an email to the email associated with your account. By continuing to access or use the Mend It Platform after those revisions become effective, you agree to be bound by the revised Terms. Any notice required or permitted hereby shall be deemed given three days after deposit with postal authorities if sent by registered mail, postage prepaid, addressed to the other party at the address shown on the first page of this Agreement or other address provided for such purpose. Mender may not assign its rights and obligations hereunder without the written consent of Mend It. Mend It may assign this Agreement at its discretion. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of remaining provisions. Any purported assignment in violation of the foregoing will be void.

Mender Guild Association - Membership Terms

Last Updated: February 7, 2024

Welcome to the Mender Guild! We're thrilled you're considering joining our community of professional menders. These Membership Terms outline how we work together, and by signing up, you agree to follow them. Let’s dive in!

1. Who Can Join?

Our association is for anyone who professionally mends, repairs, or alters textiles—whether you're a sole proprietor or part of a business. To become a member, you just need to:

• Share accurate and honest information when you apply.
• Commit to being part of a supportive, ethical community.

2. How to Join

When you apply for membership, you’ll be asked to:

• Provide some basic details about yourself or your business.
• Pay any membership fees. Once we process your application, you’ll be welcomed as a member and gain access to all the benefits!

3. What You Get as a Member

As a member, you’ll enjoy lots of great perks, which will evolve as we evolve, such as:

• Discounted Business Liability Insurance through MendIt®’s partnership with Authentic
• Preferred Status in the MendIt® Network
• Skills Sharing Workshops Live Calls (Virtual)
• Paid Opportunities to Host a Skills Sharing Workshop (Virtual), as chosen by members
• Quarterly Group Business Coaching Live Calls (Virtual)
• Participation in a Supportive Community of Mending Business Owners
• Digital and Physical Credentials for Your Website, Social Media, and Workspace​
• Exclusive Discounts on Individual Business Coaching Sessions
• Access to New Demand from Brands & Retailers, pending MendIt® success - Stronger Together through MendIt® Tech Integrations

These benefits can change based on availability and member input, so be sure to check back.

4. Membership Fees

To help support the Guild and all the benefits we offer, there’s an annual membership fee. You’ll pay this fee when you first join, and it will be renewed each year.

• Please note that fees are non-refundable (with limited exceptions for reasonable extenuating circumstances).
• If you miss a payment, we may have to pause your membership until the fee is paid.

5. Our Code of Conduct

We’re all about creating a respectful and supportive environment. As a member, we ask that you:

• Act professionally and ethically, both with fellow members and customers.
• Follow the Guild’s guidelines and treat others with kindness.
• Avoid any actions that could harm the Guild’s reputation or community.

If we find that someone’s behavior doesn’t align with our values, we may take steps to address it, which could include suspension or termination of membership.

6. Leaving the Guild

You can leave the Guild at any time—no hard feelings! Just let us know. If we need to end your membership, it could be because:

• You’ve asked to leave.
• We find that you’re not following the Code of Conduct or these Terms.
• You haven’t kept up with membership fees.

7. Intellectual Property

The MendIt® name, logo, intellectual property, platform, technology and other materials are owned by MendIt® and protected by copyright and trademark laws. As a member, you may use our logo and membership materials,, but only in ways we’ve agreed upon, which we will specify. 

8. Limitation of Liability

While we’re here to support you, the Guild can’t be held responsible for any personal losses or damages (like lost income or business opportunities) that might happen as part of your membership.

9. Indemnification

If something happens where we need to defend ourselves legally due to your actions or violations of these Terms, you agree to help us out.

10. Updating the Terms

We may occasionally update these Terms to keep things current. If anything changes significantly, we’ll let you know. Your continued membership means you agree to any updated Terms.

11. Governing Law

These Terms are based on the laws of Delaware, which govern how we all work together.

12. Dispute Resolution

If a problem comes up, we prefer to work through it together. We’ll aim for peaceful resolutions, and if needed, we’ll use mediation to help sort things out. 

13. Questions?

If you ever have questions or need help, don’t hesitate to reach out! We’re here for you.

Email: guild@mendit.app
Phone: 346-297-1605
Website: www.menderguild.com | www.mendit.app