Terms of Service

These Terms of Service (“Terms”) govern your use of educational text messages sent to you by Mend U (“Mend U”, “we”, or “us”) on behalf of your healthcare provider (“Provider”). By opting in, you agree to these Terms.

1. Purpose of the Service

Mend U delivers automated, surgeon-approved educational messages via SMS to support your recovery after a medical procedure. These messages are based on standard or custom protocols created or approved by your healthcare provider. Mend U does not provide medical advice, diagnosis, or treatment. The content is informational and should not be relied upon as a substitute for professional medical advice. Always consult your healthcare provider directly regarding any questions or concerns.

2. Consent to Receive Messages

You acknowledge that you are voluntarily enrolling to receive automated SMS messages from Mend U on behalf of your provider. Enrollment may occur through a text message, QR code, consent form, or similar method. You may opt out at any time by replying STOP to any message. Message and data rates may apply depending on your carrier and plan.

3. Message Frequency and Costs

Message frequency will vary depending on your procedure and the recovery protocol set by your provider. You will only receive messages for the duration of your recovery period unless you opt out earlier. Mend U does not charge patients directly. However, standard messaging rates from your mobile carrier may apply.

4. Privacy, HIPAA Compliance, and Data Security

Mend U operates as a HIPAA-compliant Business Associate under the direction of your healthcare provider (a Covered Entity). We collect, store, and transmit limited protected health information (PHI) solely for the purpose of delivering messages approved by your provider.

We maintain administrative, technical, and physical safeguards in accordance with HIPAA and industry best practices, including encrypted transmission and restricted access controls. For additional information, please refer to our Privacy Policy at https://www.mendu.ai/privacy

5. Disclaimers

Mend U makes no representations or warranties about the completeness, accuracy, or usefulness of any information delivered via SMS. The service is provided “as is” and “as available,” without warranties of any kind, express or implied.

Mend U is not responsible for delays, message failures, or other service disruptions beyond our control.

6. Limitation of Liability

To the fullest extent permitted by law, Mend U shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including loss of data, injury, or adverse outcomes resulting from reliance on or use of the service.

Our total liability shall not exceed the amount your provider has paid to Mend U in the twelve (12) months prior to the event giving rise to the claim.

7. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of laws principles.

8. Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration in Salt Lake County, Utah, in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or to participate in a class action.

9. Contact

If you have questions about these Terms or the service, please contact us at: hello@mendu.ai

Mend U reserves the right to update these Terms. Continued use after updates constitutes acceptance of the revised Terms.

Privacy Policy

Last Updated: 04/22/2025