Terms of Use

1. Eligibility and accounts

You must be at least 18 years old, and a healthcare professional or trainee (or otherwise authorized to prepare clinical case material), to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us promptly at support@benderapps.dev if you suspect unauthorized use of your account.

2. The Service

M & M Coach helps surgical trainees prepare cases for morbidity and mortality (M&M) conference: you describe a case, answer focused follow-up questions, and the Service uses artificial intelligence to help produce a polished case narrative, discussion-preparation material, likely faculty questions, and relevant published literature. The Service is an educational preparation aid. You are solely responsible for reviewing, verifying, and taking ownership of anything you ultimately present at conference.

3. Your content

"Your Content" means the case narratives, answers, dictation, and any other material you submit through the Service. You retain ownership of Your Content. By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, and process Your Content — including sending it to the third-party service providers described in our Privacy Policy — solely to provide, maintain, and improve the Service to you. You represent that you have the right to submit Your Content and that doing so does not violate any law, institutional policy, or a third party's rights.

4. Patient information is prohibited

You must not enter real patient identifiers into the Service — including but not limited to names, medical record numbers, exact dates, contact information, or any other information that could identify a specific patient, staff member, or institution. Use de-identified, illustrative, or approximate details, consistent with your institution's case-presentation norms.

The App includes an on-device, automated check intended to catch obvious slips before text leaves your device; it is a safety net, not a substitute for your own judgment, and it cannot screen audio already sent for speech recognition before it becomes text. See "Dictation and speech recognition" in our Privacy Policy for details and limitations. Submitting real patient identifiers is a violation of these Terms.

5. AI-generated content is not verified

Case extraction, follow-up questions, the polished narrative, discussion-preparation material, likely faculty questions, and literature search results are generated with the help of artificial intelligence and automated literature search. AI-generated content, and the literature results returned, may be incomplete, inaccurate, out of date, or fabricated (a known failure mode of large language models sometimes called "hallucination"). We do not verify AI-generated content or literature citations for accuracy. You are solely responsible for independently reviewing, verifying, and correcting any content before relying on it or presenting it.

6. Not medical advice; not HIPAA compliant

The Service is an educational preparation tool. It does not provide medical advice and does not replace clinical judgment, institutional policy, or supervision. M & M Coach is not represented or intended to be a HIPAA "covered entity" or "business associate," and the Service is not intended to be used to store or transmit protected health information (PHI). See Patient information is prohibited above.

7. Acceptable use

You agree not to:

• Submit real patient identifiers or other protected health information.
• Use the Service for any unlawful purpose or in violation of your institution's policies.
• Attempt to reverse engineer, decompile, or extract the source code of the App, except as permitted by applicable law.
• Interfere with, disrupt, overload, or attempt to circumvent security or rate limits on the Service.
• Scrape, harvest, or systematically extract data from the Service.
• Impersonate any person or misrepresent your affiliation with any person or institution.
• Use the Service to generate content intended to harass, defame, or harm any real, identifiable individual.

8. Subscriptions

Your first complete case preparation is free. Preparing additional cases requires an auto-renewing subscription ("Subscription"), purchased through your Apple ID account.

Subscription plans, pricing, and billing period (for example, monthly or annual) are shown in the App before you purchase, and on the applicable App Store product page. Payment is charged to your Apple ID account at confirmation of purchase.

Your Subscription automatically renews for the same length and price unless you turn off auto-renew at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours before the end of the current period.

You can manage or cancel your Subscription, and turn off auto-renewal, at any time in your device's Settings app under your Apple ID > Subscriptions. Canceling stops future renewals but does not refund the current billing period. Refunds for purchases made through the App Store are handled by Apple, not us — see App Store terms below.

9. Intellectual property

The Service, including its software, design, text, graphics, and the "M & M Coach" name and logo, is owned by Bender Apps, LLC or its licensors and is protected by intellectual property laws. Except for Your Content and the limited license to use the Service granted by these Terms, we reserve all rights, title, and interest in the Service. You may not use our name, logo, or branding without our prior written permission.

10. Third-party services

The Service relies on third-party providers — including an AI processing provider, our backend hosting provider, the National Library of Medicine's PubMed service, and Apple — described in our Privacy Policy. We are not responsible for the availability, accuracy, or content of these third-party services, which are governed by their own terms.

11. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate your access to the Service if you violate these Terms, including by submitting real patient identifiers, or if we reasonably believe doing so is necessary to protect the Service or other users. You may request deletion of your account and associated data as described in our Privacy Policy.

12. App Store terms

If you obtained the App from Apple's App Store, the following additional terms apply and take precedence over any conflicting term elsewhere in these Terms:

• These Terms are between you and us only, not Apple, and Apple is not responsible for the Service or its content.
• Apple has no obligation to furnish any maintenance or support services for the App.
• In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App to you; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or a third party relating to the App, including product-liability claims, claims that the App fails to conform to legal or regulatory requirements, and claims arising under consumer-protection or similar legislation.
• Apple is not responsible for the investigation, defense, settlement, or discharge of any claim that the App or your possession or use of it infringes a third party's intellectual property rights.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms (for example, your wireless carrier's agreement) when using the App.
• Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE, OR ANY AI-GENERATED OR LITERATURE-SEARCH CONTENT IT PRODUCES, WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US, IF ANY, IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) 100 USD. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

15. Indemnification

You agree to indemnify and hold us harmless from any claims, losses, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Service, or Your Content — including, without limitation, your submission of real patient identifiers in violation of Section 4.

16. Governing law and disputes

These Terms are governed by the laws of the State of Missouri, without regard to conflict-of-laws principles. Before filing a claim against us, you agree to contact us at support@benderapps.dev and attempt to resolve the dispute informally. Any dispute not resolved informally will be subject to the exclusive jurisdiction of the state and federal courts located in Missouri.

17. Changes to these Terms

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date above and, where appropriate, provide additional notice (such as an in-app notice). Your continued use of the Service after a change becomes effective constitutes acceptance of the revised Terms.

18. General terms

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect. Our failure to enforce any provision is not a waiver of it. These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets.

19. Contact us

Questions about these Terms? Contact us at:

Bender Apps, LLC
Email: support@benderapps.dev