Terms of Use
These Terms of Use ("Terms") govern your use of the Tend & Mend family of applications — Tend & Mend (IBS/IBD), Tend & Mend: Feline, and Tend & Mend: Canine (collectively, the "Apps") — developed and operated by Ben McNair-Kim ("we," "us," "our"). By downloading or using any of the Apps, you agree to these Terms.
1. Eligibility and Age
You must be at least 18 years old to use the Apps. By using the Apps, you represent that you are 18 or older.
2. Not a Medical Device
The Apps are wellness and self-experimentation tools, not medical devices. They are not intended to diagnose, treat, cure, prevent, or mitigate any disease or medical condition.
The Apps are not cleared, certified, or authorized by:
- The United States Food and Drug Administration (FDA)
- Health Canada
- The European Medicines Agency or any Notified Body under the EU Medical Device Regulation
- The UK Medicines and Healthcare products Regulatory Agency (MHRA)
- Any other regulatory authority
3. Not Medical Advice
Information provided by the Apps — including statistical estimates, posterior probabilities, risk ratio estimates, trigger confirmation or rejection results, and any text generated by natural-language features — is for informational and self-tracking purposes only. It is not medical advice.
Do not rely on the Apps to diagnose any condition, use the Apps as a substitute for a qualified healthcare professional, start or stop any diet or medication based solely on the Apps' output, or delay seeking medical care because of something you saw in the Apps.
Always consult a qualified healthcare professional before making changes to your diet or treatment plan, especially if you have a diagnosed condition such as inflammatory bowel disease, celiac disease, or a food allergy.
4. Emergency Use
The Apps are not for emergency use. If you are experiencing a medical emergency, severe symptoms, signs of an acute flare, blood in stool, severe abdominal pain, unexplained weight loss, or any other concerning symptom, contact emergency services or your healthcare provider immediately.
5. Health Data Consent
By using Tend & Mend (the IBS/IBD App), you acknowledge and expressly consent to the following:
- The information you log (including Bristol Stool Scale scores, symptom entries, food entries, and suspected food triggers) constitutes health data under the GDPR, UK GDPR, CCPA, Washington My Health My Data Act, and other applicable laws.
- You consent to our processing of this health data solely for the purposes described in our Privacy Policy.
- If you use the natural-language logging feature, you consent to the text of your messages being transmitted to the Claude API operated by Anthropic PBC for processing.
- You may withdraw this consent at any time by disabling the relevant feature, deleting your account, or deleting the App.
6. Statistical Method Disclosure
The App uses a Bayesian Beta-Binomial statistical model to estimate whether a food you nominate is a probable trigger for adverse bowel outcomes. This is a statistical estimate based on your own logged data — not a clinical diagnosis of food intolerance, allergy, or any other condition.
Statistical estimates have inherent uncertainty. The App's output depends on the quantity and quality of data you log, the accuracy of your self-report, and the absence of confounding factors the App does not measure (such as stress, medications, sleep, other foods, or concurrent illness). No estimate constitutes proof of causation.
7. Subscriptions and Billing
The Apps are free to download. Optional Premium subscriptions unlock additional features and are billed through Apple's App Store. By purchasing a subscription, you agree to Apple's payment terms. Subscription management and cancellation is handled through your Apple ID settings.
We do not have access to your payment information. Refund requests must be submitted to Apple directly.
8. Limitation of Liability
To the fullest extent permitted by applicable law, Ben McNair-Kim and Tend & Mend shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the Apps, including but not limited to any health outcome, dietary decision, delayed medical care, or reliance on any output of the Apps.
You use the Apps at your own risk. You are solely responsible for any decisions you make based on information provided by the Apps.
9. Indemnification
You agree to indemnify and hold harmless Ben McNair-Kim and Tend & Mend from any claims, damages, liabilities, or expenses (including reasonable legal fees) arising from: (a) your use of the Apps; (b) any decision you make based on the Apps' output; (c) your violation of these Terms; or (d) your violation of any law or third-party right.
10. Jurisdiction-Specific Terms
- EEA, UK, Switzerland: Nothing in these Terms limits any rights you have as a consumer under applicable mandatory consumer protection law, including your rights under the GDPR.
- California: Nothing in these Terms limits your rights under the CCPA/CPRA. See our Privacy Policy to exercise privacy rights.
- Washington State: Nothing in these Terms limits your rights under the Washington My Health My Data Act. See our Privacy Policy.
- Quebec: Nothing in these Terms limits your rights under the Act Respecting the Protection of Personal Information in the Private Sector.
11. Changes to These Terms
We may update these Terms from time to time. Continued use of the Apps after changes constitutes acceptance of the revised Terms. We will notify you in-App for material changes.
12. Contact
Questions about these Terms: [email protected]