Terms and Conditions · Tend

the agreement

in plain terms

Using Tend means you accept these terms. Apple's own app rules apply on top of them.

These terms are an agreement between you and Off Script Foundry, Inc. (“we”, “us”), and they govern your use of Tend, the iPhone app. By downloading, installing or using Tend you agree to them. Tend is made for adults managing their own health. You must be 18, or the age of majority where you live, to agree to these terms. If you do not agree, please do not use the app. You can delete it at any time.

These terms are our end user license agreement for Tend. They apply in addition to Apple’s Licensed Application End User License Agreement and the App Store Usage Rules. Where a term here conflicts with a minimum term Apple requires, Apple’s term applies to that extent, and the rest of these terms stand.

what tend is

in plain terms

A notebook and a mirror. It records what you tell it, shows you your own patterns, and can compose a summary you may choose to show your doctor.

Tend is an educational and self-tracking tool for people living with fibromyalgia. It gives you a private place to record how your days go. It describes your own logged data back to you. It offers general self-care practices as invitations. It can compose a printable summary that you may choose to bring to an appointment.

tend is not medical advice

in plain terms

Tend does not diagnose, treat, cure or prevent anything. It is not a medical device. It is not your doctor, and using it does not make us your clinicians.

Tend does not diagnose, treat, cure or prevent any disease or condition.

It is not a medical device, and it has not been reviewed, cleared or approved by any medical regulator.

It does not provide medical advice, and nothing in it substitutes for the judgment of a qualified health professional who knows you.

It is not for emergencies and it cannot get help for you. If you think you may be having one, stop reading and call your local emergency number.

Using Tend does not create a doctor and patient relationship, a therapist and patient relationship, or any other clinical relationship between you and us. We are not your clinicians and we are not monitoring you.

Nothing in the app is a recommendation to start, stop, change or dose any medicine, supplement, exercise or treatment. The medication and supplement screens are your own record of what you already take. Any note attached to them is a prompt to raise something with your doctor, never an instruction.

The movement demonstrations are gentle general practices, not physiotherapy prescribed for you. Move only within what feels safe today, stop if anything hurts, and speak to your doctor before starting new movement, especially if you have another condition or a recent injury.

The patterns and insights the app shows are descriptions of the data you entered. They are not clinical findings, not predictions, and not claims about cause. If two things appear together in your record, that does not mean one caused the other.

The educational content is general information about fibromyalgia. It is not tailored to you, and it cannot account for your history, your other conditions, or the medicines you take.

Always ask your doctor or another qualified health professional before making any decision about your health. Never delay or disregard professional medical advice because of something you read or recorded in Tend.

emergencies and crisis support

in plain terms

The app cannot get help for you. In an emergency, call your local emergency number. Real crisis resources are one tap away in Settings.

Tend is not for emergencies and cannot get help for you. It does not monitor you, it does not alert anyone, and nobody is reading it.

If you are in immediate danger, or you think you may be having a medical emergency, call your local emergency number. In the United States that is 911. In the United Kingdom it is 999. Across the European Union it is 112. Or go to your nearest emergency department.

If you are in crisis or thinking about harming yourself, the app keeps real resources one tap away in Settings: the 988 Suicide and Crisis Lifeline (call or text 988 in the United States) and the Crisis Text Line (text HOME to 741741 in the United States). Those services are theirs and not ours. We do not operate them, we are not told when you use them, and we cannot guarantee their availability. You never have to grant anything, and never have to pay, to reach them.

your license to use tend

in plain terms

You may use the app on your own Apple devices. You may not copy it, sell it, or take it apart.

We grant you a personal, non-exclusive, non-transferable, revocable license to use Tend on Apple-branded devices that you own or control, as permitted by the App Store Usage Rules, including any Family Sharing rules that apply. This license is to use the app. It does not transfer ownership of anything.

You may not:

copy, sell, rent, lease, sublicense, distribute or make the app available to anyone else;
reverse engineer, decompile or disassemble it, except to the extent that restriction is void under the law where you live;
remove, obscure or alter any notice or attribution in it;
circumvent any security, licensing or access control in it, or use it in a way that interferes with it or with the device it runs on.

what you record stays yours

in plain terms

What you write is yours and we never see it. We also cannot get it back for you, so keep your own copy.

Everything you enter into Tend is yours. As described in the Privacy Policy, it is stored on your own device and we neither receive nor hold a copy of it.

We claim no ownership of it and take no license over it. We do not read it, analyze it, publish it, sell it, share it, or use it to train anything. If you export it or send it to someone, that is your act and your decision, and what happens to it afterwards is between you and whoever you sent it to.

You are responsible for the content you record and for keeping your own copies of it. Because we hold nothing, we cannot restore anything you lose, only your own iPhone backup or an export can do that. Export is available at any time in Settings. You can erase the whole record at any time with “Delete everything” in Settings, without deleting the app.

acceptable use

in plain terms

Use it for yourself, lawfully, and do not try to break it.

Tend is for your own personal, non-commercial self-tracking. Do not use it to provide clinical care to another person, to hold someone else’s health record without their knowledge and consent, to break any law, or in any way that infringes another person’s rights.

purchases and subscriptions

in plain terms

There is nothing to buy today. If that ever changes: Apple takes the payment and handles refunds, a subscription keeps renewing unless you turn off auto-renewal at least 24 hours before the period ends, and your own history stays readable and exportable whether or not you pay.

Tend is currently offered at no cost and contains no in-app purchase. There is nothing to buy, nothing to subscribe to, and nothing that renews.

If paid features are offered in a future version of the app, all of the following will apply to them:

Apple takes the payment. Every purchase is made through Apple as merchant of record, and is charged to your Apple Account at confirmation of purchase. The price appears in the App Store in your local currency before you confirm, and may differ by region. We never process, receive or store your payment card details.
Subscriptions renew automatically. Where a purchase is an auto-renewing subscription, it renews at the end of each period at the then-current price for another period of the same length, unless you turn off auto-renewal at least 24 hours before the current period ends. Your Apple Account is charged for the renewal within the 24 hours before the period ends. A change in price applies to future purchases and renewals, not retrospectively. Where a purchase is a one-time unlock instead, it is charged once and is never charged again.
You cancel through Apple. Manage or cancel a subscription in the App Store, or in iPhone Settings under your Apple Account. Deleting the app does not cancel a subscription.
Refunds are Apple’s. Refunds for App Store purchases are handled by Apple under Apple’s terms, through Apple’s “Report a Problem” process. We cannot issue, promise or reverse a refund for an App Store purchase.
Your history stays yours. If a paid tier is ever introduced, reading and exporting everything you have recorded in Tend, before or after that day, whether or not you pay, and after any subscription lapses, stays free. You will never have to pay to see or take out your own record.

intellectual property

in plain terms

The app and everything in it belongs to us or to the people we licensed it from. You may use it. You may not take pieces of it for your own.

Tend, including its name, design, artwork, illustrations, photography, text, soundscapes, movement demonstrations and software, is owned by Off Script Foundry, Inc. or licensed to us, and is protected by copyright, trademark and other laws. The license in the section above gives you no rights in any of it beyond using the app as intended.

Trademarks and product names belonging to others, including Apple, iPhone, iOS, App Store, Apple Health, HealthKit, Face ID, Touch ID and iCloud, are the property of their respective owners and are used here only to describe how the app works.

the book, and who we are not

in plain terms

Tend draws on a book. Its author, Dr. Ginevra Liptan, has no involvement in this app and has not reviewed, approved or endorsed it. Any mistake here is ours, not hers.

Tend’s structure and educational content draw on the treatment framework in the book The FibroManual: A Complete Fibromyalgia Treatment Guide for You and Your Doctor by Ginevra Liptan, M.D. Its concepts are used for educational purposes, to help people understand and self-manage their condition.

Tend is not affiliated with, endorsed by, or sponsored by Dr. Ginevra Liptan or the publisher of The FibroManual.

To be unambiguous about authorship: Dr. Ginevra Liptan wrote The FibroManual. She is not the founder, creator, owner, employee, adviser or reviewer of this app, and has no involvement in or relationship with it of any kind. Tend is an independent project built by a separate developer who read her book. Neither Dr. Liptan nor her publisher has reviewed, approved or endorsed anything in it. Any error here is the app’s, not hers.

apple

in plain terms

Apple provides the store and the device. Apple does not make Tend, and we are responsible for it. Apple can also enforce these terms against you, and can refund the app's purchase price if you ever paid one.

Tend runs on Apple’s platform and uses Apple’s frameworks. Apple provides the App Store, device backups, Apple Health, and the authentication your device performs for the app lock. Your use of those services is governed by Apple’s own terms and privacy policy, not by these terms, and we do not control them.

You acknowledge and agree that:

these terms are between you and us only, and not with Apple, and we alone are responsible for Tend and its content;
Apple has no obligation to provide any maintenance or support services for Tend;
if Tend fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the app, if any. To the maximum extent permitted by law, Apple has no other warranty obligation whatsoever with respect to Tend;
we, and not Apple, are responsible for addressing any claim by you or any third party relating to Tend or your possession and use of it, including product liability claims, any claim that Tend fails to conform to a legal or regulatory requirement, and claims arising under consumer protection or similar legislation;
we, and not Apple, are responsible for the investigation, defense, settlement and discharge of any third-party claim that Tend or your use of it infringes that party’s intellectual property rights;
you represent that you are not located in a country subject to a United States Government embargo or designated as a terrorist supporting country, and that you are not listed on any United States Government list of prohibited or restricted parties;
you must comply with any applicable third-party terms when using Tend;
Apple and Apple’s subsidiaries are third-party beneficiaries of these terms, and on your acceptance of them Apple has the right, and is deemed to have accepted the right, to enforce these terms against you as a third-party beneficiary.

availability and changes to the app

in plain terms

The app may change or stop. Your record is on your iPhone either way, and you can export it whenever you want.

We may change, update or discontinue Tend or any part of it at any time, with or without notice. Because your record lives on your own device, an app that stops being updated does not take your data with it.

We do not guarantee that Tend will be available, uninterrupted or free of errors, or that it will remain compatible with every future version of iOS or every device.

disclaimer of warranties

in plain terms

The app comes as it is. We cannot promise it is perfect, and your legal rights as a consumer stand whatever this section says.

To the fullest extent permitted by law, Tend is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory. We disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, accuracy, and non-infringement.

We do not warrant that the app will meet your requirements, that it will be uninterrupted, secure or error-free, that any insight, calculation, reminder or piece of educational content in it will be accurate, complete, current or suitable for you, or that defects will be corrected.

Nothing in these terms excludes or limits any right you have as a consumer that cannot be excluded or limited under the law where you live, including liability for death or personal injury caused by negligence, for fraud, or for fraudulent misrepresentation. Some jurisdictions do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

limitation of liability

in plain terms

If something goes wrong, what we can be held liable for is limited, and it does not cover the decisions you make about your health. Rights the law will not let us limit are untouched.

To the fullest extent permitted by law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of data, arising out of or in connection with your use of, or inability to use, Tend. That includes any decision you make about your health, any reliance you place on anything the app shows you, any reminder that does not arrive, any insight that turns out to be wrong, and any loss of the record held on your device.

To the fullest extent permitted by law, our total liability to you for all claims relating to Tend will not exceed the greater of the amount you paid for Tend in the twelve months before the claim arose, or $100.

Again, nothing here limits liability that cannot lawfully be limited, and some jurisdictions do not allow these exclusions, so parts of this section may not apply to you.

indemnity

in plain terms

If your use of Tend breaks these terms or the law, or harms someone else, and someone brings a claim against us because of it, you cover it.

You agree to indemnify and hold harmless Off Script Foundry, Inc. and its officers, employees and contractors from any claim, demand, loss, liability or expense, including reasonable legal fees, arising out of your misuse of Tend, your breach of these terms, your violation of any law, or your infringement of anyone else’s rights.

This does not apply to the extent a claim arises from our own breach or negligence, and it does not apply where the law where you live does not permit it.

termination

in plain terms

Delete the app and we are done. We can end it too, if you seriously break these terms or if we stop making Tend. Export first, because deleting the app takes the record on your device with it.

You may end this agreement at any time by deleting Tend from your device. We may end it if you materially breach these terms, or if we discontinue the app.

When it ends, your license ends and you should delete the app. Deleting the app removes the record it holds from your device, so export anything you want to keep before you do. Deleting the app does not cancel any App Store subscription; cancel that through your Apple Account.

The sections that by their nature should outlast the agreement survive it: intellectual property, the disclaimer of warranties, the limitation of liability, indemnity, and governing law.

changes to these terms

in plain terms

Updated terms are posted here with a new date. Keep using the app and you accept them.

We may update these terms. The current version is always on this page, with the date it took effect at the top. If a change is significant we will say so on this page, rather than quietly altering a sentence.

Continuing to use Tend after a change takes effect means you accept the updated terms. If you do not accept them, delete the app.

governing law

in plain terms

Disputes are decided under the law of the place named below, in that place's courts. If you are a consumer, your own country's protections still apply to you, and you may still be able to bring a case where you live.

These terms are governed by the laws of the State of Utah, without regard to its conflict of laws rules, and the state and federal courts located in Utah County, Utah have jurisdiction over any dispute arising from them.

If you are a consumer, this does not deprive you of the protection of the mandatory law of the country where you live, or of any right you have to bring proceedings in your local courts.

resolving a dispute

in plain terms

If something goes wrong, tell us first and we will try to sort it out. If we cannot, disagreements are settled one to one, by an arbitrator or in small claims court, rather than as part of a group lawsuit. You have 30 days to opt out of this and keep your right to sue in court, and opting out costs you nothing else.

Talk to us first. Before starting any formal process, please email us at daniel@offscriptfoundry.com describing the problem and what you would like done about it. Most things can be fixed this way. Give us 60 days to respond before going further. This step is required of both of us, and it applies to us as much as it does to you.

You can opt out, and it is easy. If you do not want this section to apply to you, email daniel@offscriptfoundry.comwith the subject line “arbitration opt out” within 30 days of first agreeing to these terms. That is all it takes. Opting out affects nothing else: you keep every other right under these terms, and we will not treat you differently for it.

Small claims stays open. Either of us may bring a matter in small claims court instead, if it qualifies there. Nothing in this section stops you doing that, and for most disputes it is the simpler route.

Otherwise, individual arbitration. If a dispute is not resolved informally and is not brought in small claims court, it will be settled by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, under the Federal Arbitration Act. The arbitration may be held by phone or video, or in the county where you live. Where the AAA Consumer Rules assign filing fees to the company, we pay them.

One to one, not as a group. Any dispute is brought only in your own name and on your own behalf. Neither of us may bring a claim as a plaintiff or class member in a class, collective, consolidated or representative action, and an arbitrator may not combine claims or preside over any form of group proceeding. Both of us give up the right to a jury trial for anything covered by this section.

If many similar claims are filed at once against us by or with the help of the same lawyers, the arbitrations may be grouped into batches of up to 50 and resolved batch by batch, with a single arbitrator per batch, so that the process stays workable for everyone.

This section does not cover claims about intellectual property, or a request to a court for an injunction to stop misuse of the app. If the paragraph beginning “One to one” is found unenforceable for a particular claim, then that claim alone is removed from arbitration and heard in the courts named in the governing law section, and the rest of this section still applies to everything else.

Nothing here limits any right you have that cannot be given up under the law where you live, and if you are a consumer outside the United States your local mandatory protections continue to apply.

general

in plain terms

The odds and ends. If one part fails, the rest holds. If Tend ever changes hands, these terms go with it and your rights under them do not change.

If any part of these terms is found unenforceable, the rest continues to apply. If we do not enforce a term straight away, we have not given it up. These terms, together with the Privacy Policy and Apple’s applicable terms, are the whole agreement between you and us about Tend. You may not assign or transfer them. We may assign them to a successor of the app, and where we do, your rights under them are unchanged.

contact

in plain terms

Questions go to a person, not a help desk.

Questions about these terms, or about the app: daniel@offscriptfoundry.com.

Tend is developed by Off Script Foundry, Inc., 1248 W 700 S, Pleasant Grove, UT 84062, USA.