Terms of Service

The Service is provided by Surgeon AI LLC, trading as SurgeonAI (SurgeonAI, we, us, or our), a limited liability company formed in the State of Wyoming, United States, with its registered office at 1309 Coffeen Avenue STE 20245, Sheridan, Wyoming 82801, United States of America. You can contact us at legal@surgeon.ai.

By creating an account, requesting early access, purchasing a subscription, accessing the Service, or agreeing to these Terms on behalf of an organisation, you agree to these Terms. If you use the Service for an institution, training programme, hospital, university, practice, or other organisation, you confirm that you have authority to bind that organisation. In that case, “you” includes that organisation where the context requires.

If a written order form, enterprise agreement, data processing addendum, or other agreement signed by SurgeonAI applies to your use, it prevails over these Terms only to the extent of a conflict.

2. Eligibility and accounts

You must be at least 18 years old and able to enter into a binding contract to create an individual account. The Service is designed for adult medical students, surgical trainees, surgeons, educators, and institutions; it is not directed to children.

You must provide accurate account information, keep it current, protect your login credentials, and promptly tell us if you suspect unauthorised access. You are responsible for activity occurring through your account unless it resulted from our failure to maintain appropriate security.

We may decline, suspend, or close accounts where reasonably necessary to protect users, comply with law, enforce these Terms, investigate misuse, or protect the integrity of the Service. Where reasonably practicable, we will explain the reason and offer a proportionate opportunity to resolve the issue.

3. The educational nature of SurgeonAI

SurgeonAI is an education and skills-development platform. It provides original practice content, simulations, feedback, reflection tools, and learning analytics. It is not:

• a provider of healthcare, emergency services, diagnosis, treatment, prescribing, or clinical decision support;
• a substitute for supervised clinical training, local protocols, professional judgment, a qualified supervisor, or independent verification from authoritative sources;
• an official examination provider, examining body, credentialing authority, training regulator, or replacement for an official logbook or portfolio; or
• affiliated with, endorsed by, or acting on behalf of the Royal Colleges of Surgeons, JCST, ISCP, the American Board of Surgery, the Accreditation Council for Graduate Medical Education, or any other professional body, unless we expressly state otherwise in writing.

References to MRCS, FRCS, ABSITE, ABS oral boards, OSCEs, WBAs, or comparable examinations and pathways describe the intended educational style or public-curriculum mapping only. They do not imply endorsement, equivalence, access to confidential examination content, or a guarantee of examination, recruitment, licensing, or career outcomes.

You must never rely on the Service as the sole basis for a patient-care decision. If a real patient may be at risk, follow applicable local escalation procedures and obtain urgent, qualified clinical help.

4. AI features, assessments, and human oversight

The Service may use artificial intelligence to conduct a simulation, transcribe speech, generate questions or feedback, classify an answer, identify apparent omissions, suggest learning resources, create a readiness band, or pre-fill a draft. AI output can be incomplete, inaccurate, biased, or inappropriate for a particular clinical setting.

Accordingly:

1. AI output is educational information, not a definitive assessment of competence, safety, fitness to practise, or clinical ability.
2. A label such as “safe”, “unsafe”, “critical fail”, a score, percentile, recommendation, or readiness band is a learning signal only. It must not be used as the sole basis for employment, admission, progression, credentialing, privileging, disciplinary action, or any similarly consequential decision about an individual.
3. Users must review AI output critically and use appropriate human supervision. For skills-video review, the Service may state that an educator has reviewed a result only where a qualified human reviewer has actually done so.
4. We may modify, restrict, pause, or retire an AI feature where we identify a safety, quality, legal, or security concern.

Our separate AI, Educational Use and Clinical Safety Policy forms part of these Terms.

5. Your responsibilities and prohibited inputs

You may use the Service only for lawful, professional, and educational purposes, and only in accordance with these Terms and our Acceptable Use Policy.

You must not upload, enter, record, or otherwise submit:

• identifiable patient information, protected health information (PHI), personal health information, medical records, images, operative footage, or information that could reasonably identify a patient;
• confidential examination material, recalled live examination questions where their disclosure is prohibited, or content obtained in breach of a duty of confidence;
• personal data of another person unless you have a lawful basis and all required notices and permissions; or
• material that is unlawful, defamatory, discriminatory, threatening, infringing, malicious, or otherwise prohibited by our Acceptable Use Policy.

De-identification is not always enough. Do not submit case details that could identify a patient when combined with other information. SurgeonAI is not a HIPAA-covered entity or business associate by default, and the Service is not designed to receive PHI. We will enter into a Business Associate Agreement only where we expressly agree in writing.

When you record a skills video or submit other media, you confirm that everyone identifiable in it has given any consent required by law and that the recording contains no patient or other restricted information.

6. Educational content, user content, and intellectual property

Subject to your compliance with these Terms, SurgeonAI grants you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Service for its intended educational purpose during your subscription or authorised access period.

The Service, including its software, design, branding, original questions, cases, rubrics, simulations, audio, video, feedback formats, databases, and learning analytics, is owned by SurgeonAI or its licensors and protected by intellectual-property laws. Except for the limited right above, no rights are granted to you.

You retain ownership of the material you submit to the Service (User Content). You grant SurgeonAI a worldwide, non-exclusive, royalty-free licence to host, reproduce, process, adapt solely as technically necessary, and display User Content only to operate, secure, support, and improve the Service for you and, where applicable, your authorised institution. This licence ends when the relevant User Content is deleted, subject to lawful retention and backup cycles.

We will not use identifiable User Content, voice recordings, video recordings, or transcripts to train a general-purpose AI model without your separate, clear opt-in consent. We may use properly de-identified and aggregated service-usage information to understand and improve the Service, subject to applicable law and our Privacy Notice.

You must not copy, scrape, publish, sell, redistribute, reverse engineer, create a competing question bank from, or use automated means to extract content from the Service, except where applicable law expressly permits this and cannot be excluded.

7. Institutional and educator use

Institutional customers may assign access to authorised trainees and educators. Permissions will be role-based. We design educator access to be transparent: where the Service displays a trainee profile to an educator, the access should be logged and visible to the trainee, subject to legitimate security and investigation exceptions.

Institutions are responsible for:

• ensuring that they have a lawful basis to invite users and share necessary account information with SurgeonAI;
• providing appropriate notices to trainees and educators;
• configuring access and retention settings appropriately;
• ensuring that any use of learning analytics is fair, transparent, proportionate, and subject to meaningful human review; and
• not using AI-generated scores or recommendations as the sole basis for a high-impact decision.

For institutional data processing, the Institutional Data Processing Addendum applies where SurgeonAI acts as processor for the institution. The institution remains responsible for its own decisions about assessment, progression, training, employment, and professional supervision.

8. Early access and beta features

Features identified as “early access”, “beta”, “pilot”, “preview”, or similar are offered for evaluation and may be incomplete, changed, interrupted, or withdrawn. We welcome feedback, but do not promise that a feature will reach general availability or retain a particular function, data format, or release date.

To the maximum extent permitted by law, beta features are provided “as is” and “as available”. This does not exclude liability that cannot legally be excluded, including for fraud, fraudulent misrepresentation, death or personal injury caused by negligence, or statutory consumer rights.

9. Subscriptions, payment, cancellation, and refunds

Fees, billing intervals, trial terms, taxes, and any cancellation rights will be shown before you place an order or in an applicable order form. You authorise us and our payment provider to charge the selected payment method for amounts due.

Subscriptions renew automatically at the stated interval unless you cancel before the renewal date. You may cancel through your account settings or by contacting billing@surgeon.ai. Cancellation stops future renewals but does not normally refund fees already paid for the current billing period, except where required by law or expressly stated at purchase.

For UK consumers, statutory cancellation rights may apply. If you ask us to begin digital-service delivery during an applicable cancellation period, you acknowledge that your cancellation rights may be affected to the extent permitted by law and after the legally required acknowledgement is obtained.

We may change fees on renewal by giving reasonable advance notice. Enterprise and institutional pricing is governed by the applicable order form.

10. Third-party services and evidence sources

The Service may integrate third-party services, including payment providers, video or speech services, video conferencing, analytics providers, and links to third-party publications or PubMed records. Those services are governed by their own terms and privacy notices. We do not control third-party content and do not guarantee its availability, accuracy, or suitability.

An evidence feed or citation is not a recommendation, endorsement, or guarantee that a paper is current, applicable, methodologically sound, or appropriate for a specific patient or jurisdiction.

11. Feedback

If you provide suggestions, bug reports, ideas, or feedback, you grant SurgeonAI the right to use them without restriction or compensation, provided we do not identify you publicly without your permission.

12. Suspension and termination

You may stop using the Service at any time. We may suspend or terminate access if you materially breach these Terms, create a security or safety risk, infringe rights, fail to pay undisputed fees, or where required by law. We will use reasonable efforts to give notice and an opportunity to cure where appropriate and lawful.

On termination, your right to use the Service ends. You may request export or deletion of eligible User Content in accordance with the Privacy Notice and any institutional agreement. Sections that by their nature should survive—such as intellectual property, liability, dispute resolution, and accrued payment obligations—will survive.

13. Disclaimers

We work to make the Service useful, careful, and current, but cannot guarantee that it will be uninterrupted, error-free, secure at every moment, complete, or suitable for every examination, training programme, speciality, user, or clinical context.

To the maximum extent permitted by law, we disclaim implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. Nothing in these Terms limits rights that cannot be excluded under applicable consumer law.

14. Limitation of liability

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, death or personal injury caused by negligence, and applicable statutory consumer rights.

Subject to the preceding paragraph, SurgeonAI will not be liable for indirect, incidental, special, exemplary, punitive, or consequential loss; loss of profits, revenue, goodwill, data, opportunity, or anticipated savings; business interruption; or any clinical, examination, employment, progression, credentialing, or patient-care decision made in reliance on the Service.

Subject to applicable law, SurgeonAI’s total aggregate liability arising out of or relating to the Service will not exceed the greater of (a) the amount you paid to SurgeonAI for the Service in the 12 months before the event giving rise to liability, or (b) US$100 for a free individual account. This limitation does not apply where prohibited by law or where a signed enterprise agreement states otherwise.

15. Changes to the Service or these Terms

We may update the Service and these Terms to reflect product changes, law, security, safety, or business operations. For material changes, we will give reasonable notice through the Service, by email, or by another appropriate method. If you do not agree, you may stop using the affected Service before the change takes effect. Continuing to use the Service after the effective date means you accept the updated Terms, to the extent permitted by law.

16. Governing law and disputes

Except where mandatory consumer law provides otherwise, these Terms are governed by the laws of the State of Wyoming, excluding conflict-of-laws rules, and the state and federal courts located in Sheridan County, Wyoming have exclusive jurisdiction. These Terms do not include mandatory arbitration or a class-action waiver.

If you are a consumer, nothing in this section deprives you of mandatory protections of the country in which you live.

17. General

These Terms and documents incorporated by reference are the entire agreement between you and SurgeonAI regarding the Service, except for signed enterprise agreements. If a provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not transfer your rights or obligations without our consent; we may transfer ours in connection with a merger, acquisition, restructuring, or sale of assets, provided this does not materially reduce your rights. Notices to us must be sent to legal@surgeon.ai.