end-user licence agreement

Last updated: 13 October 2026

This End-User Licence Agreement (the "Agreement" or "EULA") is a binding agreement between you ("you" or "your") and Nicola Ferendinos, the operator of tendTwo ("tendTwo", "we", "us" or "our"). It governs your licence to download, install and use the tendTwo mobile application (the "App"). The App is licensed, not sold, to you.

By downloading, installing or using the App, you confirm that you've read and understood this Agreement and that you're 18 years of age or older, and you agree to be bound by it. If you don't agree, don't download, install or use the App, and delete any copies you've already installed.

definitions

"App" means the tendTwo mobile application for iOS and Android, including any updates provided to you, and the content and services made available through it.
"tendTwo", "we", "us" and "our" mean Nicola Ferendinos, a sole trader based in Sydney, New South Wales, Australia, who operates the App.
"You" and "your" mean the individual who downloads, installs or uses the App.
"ACL" means the Australian Consumer Law, set out in Schedule 2 of the Competition and Consumer Act 2010 (Cth).

licence

Subject to this Agreement, tendTwo grants you a limited, non-exclusive, non-transferable, revocable licence to download, install and use the App on mobile devices that you own or control. The licence is for your personal, non-commercial use. You must use the App in accordance with:

this Agreement;
the Terms & Conditions; and
the rules of the app store you downloaded the App from. For iOS, that's the Apple Media Services Terms and Conditions and their Usage Rules; for Android, the Google Play Terms of Service.

The App is currently free to download and use during early access. There's no purchase price and no subscription. If we introduce paid features, we'll tell you first, and any purchase will be made through the Apple App Store or Google Play under their terms. We may provide updates to the App from time to time (see "Modifications and updates" below), but we don't promise any particular update, feature or period of availability.

restrictions

You agree not to, and not to permit anyone else to:

copy the App (except as reasonably necessary to use it as intended), or sell, rent, lease, lend, sublicense, distribute, host or otherwise commercially exploit the App or make it available to any third party;
modify, adapt, translate or create derivative works of the App, or disassemble, decrypt, decompile or reverse engineer any part of it, except to the extent a law that can't be excluded expressly permits it;
remove, alter or obscure any proprietary notice (including any copyright or trademark notice) of tendTwo or its licensors;
use the App in any unlawful way, for any unlawful purpose, or in breach of the Terms & Conditions; or
use any robot, scraper or other automated means to access the App or extract data from it without our written permission.

intellectual property

The App and all intellectual property rights in it are and remain the exclusive property of tendTwo and its licensors. Those rights include copyright, trademarks, trade secrets, know-how, logos, trade dress and domain names, together with associated goodwill and derivative works (collectively, "Intellectual Property Rights"). Except for the limited licence expressly granted in this Agreement, nothing in it transfers or grants you any Intellectual Property Rights relating to the App, whether registered or unregistered, existing now or created later. Any use of the Intellectual Property Rights outside the App or beyond the scope of this Agreement is an infringement.

You keep ownership of the content you add to the App. The licence you grant us to host and process that content is set out in the Terms & Conditions.

feedback

If you send us feedback, comments, ideas, improvements or suggestions about the App ("Feedback"), you grant tendTwo a perpetual, irrevocable, worldwide, royalty-free licence to use, copy, modify, publish and build on that Feedback for any purpose, without any obligation to credit or compensate you. Providing Feedback is always voluntary.

maintenance and support

We provide reasonable support for the App by email at hello@tendtwo.com.au, and through our support page. tendTwo, not Apple or Google, is solely responsible for the App and for providing any maintenance and support for it. Nothing in this section limits your rights under the ACL.

modifications and updates

We may modify, suspend or discontinue the App, or any feature of it, temporarily or permanently. Where a change materially reduces the App's core functionality, we'll give reasonable notice where practicable.

We may also provide patches, bug fixes, updates and upgrades ("Updates") from time to time. Updates may add, change or remove features, form part of the App, and are subject to this Agreement. Nothing in this section limits your rights under the ACL.

term and termination

This Agreement applies from the moment you download or use the App until it's ended by you or by us.

You may end this Agreement at any time by deleting the App from your devices. If you also want your account and personal data deleted, see how to delete your account.

We may suspend or end this Agreement, and your licence to use the App, if you breach this Agreement or the Terms & Conditions, or where we reasonably consider it necessary to protect people, the service, or to comply with law. Where fair and practicable, we'll give you notice and a reason.

When this Agreement ends, your licence ends and you must stop using and delete the App. Sections of this Agreement that by their nature should survive termination do survive. They include intellectual property, feedback, liability, indemnity, governing law and the Australian Consumer Law section. Termination doesn't limit either party's rights or remedies for a breach that happened before termination, and doesn't affect your non-excludable rights under the ACL.

Australian Consumer Law

Nothing in this Agreement excludes, restricts or modifies any consumer guarantee, right or remedy you have under the Australian Consumer Law or any other law that can't lawfully be excluded, restricted or modified. Every disclaimer, exclusion and limitation in this Agreement is subject to this section and applies only to the maximum extent permitted by law. That includes those in the warranty, liability and time-limit sections.

Where legislation permits us to limit our liability for a failure to comply with a guarantee (for example, for services not of a kind ordinarily acquired for personal, domestic or household use), our liability is limited, at our option, to supplying the services again or paying the cost of having the services supplied again.

warranty disclaimer

Subject to the "Australian Consumer Law" section above, and to the maximum extent permitted by law, the App is provided "as is" and "as available", with all faults. tendTwo disclaims all warranties, whether express, implied, statutory or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

We don't warrant that the App will:

meet your requirements or achieve any particular result;
be compatible with other software or systems;
operate uninterrupted or error-free;
be free of viruses or other harmful components; or
have its errors corrected.

In particular, AI-generated suggestions can be wrong, cycle forecasts are estimates and not medical advice or contraception, and reminders and notifications may be delayed or not arrive. The Terms & Conditions explain more.

limitation of liability

Subject to the "Australian Consumer Law" section above, and to the maximum extent permitted by law:

tendTwo and its officers, directors, employees, agents and suppliers are not liable for any indirect, incidental, special or consequential loss or damage, or for loss of profits, data, goodwill or business interruption, arising out of or in connection with this Agreement or your use of (or inability to use) the App, even if we've been told that loss is possible; and
our total aggregate liability arising out of or in connection with this Agreement is capped at the same amount, and subject to the same exceptions, as set out in the "Limitation of liability" section of the Terms & Conditions. Those exceptions include death or personal injury caused by our negligence, and fraud or wilful misconduct.

indemnification

To the extent permitted by law, you agree to indemnify tendTwo and its officers, directors, employees and agents against losses, liabilities, claims, costs and expenses (including reasonable legal fees) arising from:

your misuse of the App;
your breach of this Agreement; or
your breach of any applicable law or the rights of any third party.

This indemnity does not apply to the extent the loss was caused by our own breach, negligence or wilful misconduct.

Apple App Store terms

If you downloaded the App from the Apple App Store, the following terms also apply. They prevail over any inconsistent term of this Agreement to the extent Apple requires.

Agreement with tendTwo, not Apple. This Agreement is between you and tendTwo only, not with Apple Inc. ("Apple"). tendTwo, not Apple, is solely responsible for the App and its content. Your use of the App must also comply with the Apple Media Services Terms and Conditions, and nothing in this Agreement is intended to conflict with them.
Scope of licence. The licence granted to you is a non-transferable licence to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
Maintenance and support. tendTwo is solely responsible for providing any maintenance and support services for the App. Apple has no obligation whatsoever to furnish any maintenance or support services for the App.
Warranty. tendTwo is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. If the App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App to you (which, while the App is free, is nil). To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to the App. Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are tendTwo's sole responsibility.
Product claims. tendTwo, not Apple, is responsible for addressing any claims by you or a third party relating to the App or your possession or use of it. These include product liability claims; any claim that the App fails to conform to an applicable legal or regulatory requirement; and claims arising under consumer protection, privacy or similar legislation. This Agreement does not limit tendTwo's liability to you beyond what applicable law permits.
Intellectual property claims. If a third party claims that the App, or your possession and use of it, infringes that party's intellectual property rights, tendTwo, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that claim.
Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. On your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary.

Google Play terms

If you downloaded the App from Google Play, your use of the App must also comply with the Google Play Terms of Service. Google LLC is not a party to this Agreement. As between you and tendTwo, tendTwo, not Google, is responsible for the App, its content, and any maintenance, support, warranty or claims relating to it. Nothing in this Agreement limits any rights you have under the Google Play Terms of Service.

third-party terms and services

You must comply with any applicable third-party terms when using the App, such as your mobile carrier's wireless data agreement. The App relies on third-party services we don't control, including your device's operating system, app stores, network connectivity, our AI provider and our weather provider.

legal compliance

You represent and warrant that:

you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and
you are not listed on any United States Government list of prohibited or restricted parties.

amendments to this agreement

We may update this Agreement from time to time, for example to reflect changes to the App or to the law. If a change is material, we'll give you at least 30 days' notice before it takes effect, for example by a notice in the App or by email, and we'll update the "Last updated" date above.

If you keep using the App after a change takes effect, you accept the updated Agreement. If you don't agree to a change, you must stop using the App and delete it before the change takes effect.

governing law

This Agreement is governed by the laws of New South Wales, Australia, excluding its conflict of laws rules, and you submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. Your use of the App may also be subject to other local, state, national or international laws. Nothing in this section prevents you from relying on the ACL or on mandatory consumer protection laws of the place where you live.

time limit on claims

To the extent permitted by law, and subject to the "Australian Consumer Law" section above, any claim you may have arising out of or relating to this Agreement or the App must be started within one (1) year after the cause of action accrues. This time limit doesn't apply to any right or remedy that can't lawfully be limited in this way, including your rights under the ACL.

general

Severability. If any provision of this Agreement is held unenforceable or invalid, it will be read down or severed to the minimum extent necessary, and the remaining provisions continue in full force and effect.
Waiver. A failure or delay by either party in exercising a right or power under this Agreement is not a waiver of it, and a single or partial exercise of a right or power doesn't prevent its further exercise.
No employment or agency relationship. Nothing in this Agreement, or in the relationship between you and tendTwo, creates any relationship between you and tendTwo other than that of an end user of the App and the services provided through it.
Equitable relief. You acknowledge that a breach of this Agreement may cause tendTwo harm for which damages alone would be inadequate, and that tendTwo may seek injunctive relief in addition to any other remedy.
Headings. Headings are for reference only and don't affect the interpretation of this Agreement.
Geographic restrictions. tendTwo is based in Australia and provides the App primarily for people located in Australia, and we operate it with Australian laws and regulations in mind. If you use the App from outside Australia, you're responsible for complying with the laws that apply where you are.

contact us

If you have any questions, complaints or claims about the App or this Agreement, contact:

Nicola Ferendinos, operator of tendTwo
Postal address: Parcel Locker 10298 63685, 26 Brookhollow Avenue, Norwest NSW 2153, Australia (a parcel locker, so it can't receive letters; please send legal notices by email)
Support and legal notices: hello@tendtwo.com.au