Terms & Conditions

1. Introduction

These Terms and Conditions ("Terms") govern your access to and use of the SurgXplain Application ("Application") operated by SurgExplain ("Company," "we," "us," or "our"). By accessing or using the Application, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Application.

2. User Accounts

2.1. You may be required to create an account to use certain features of the Application. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
2.2. SMS Verification Required: To access the Application, you will need to receive and verify an SMS (text message) as part of our security authentication process. Please ensure you have access to a mobile phone capable of receiving SMS messages. (Message and data rates may apply)
2.3. You represent that you are at least 18 years old or that you have parental consent to use this Application if you are under 18.
2.4. We reserve the right to terminate or suspend your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of the Application, us, or third parties, or for any other reason.

3. Service Availability

3.1. The SurgExplain Application is currently available only in North America (United States, Canada, and Mexico). Access from other geographical locations may be restricted or unavailable.
3.2. We reserve the right to modify service availability at any time without prior notice.

4. Privacy and Data Protection

4.1. Data Collection: We collect personal information necessary for account creation and SMS verification, including your phone number and any content you choose to share through the Application.
4.2. Data Security: We implement appropriate technical and organizational measures to protect your personal information against unauthorized access, alteration, disclosure, or destruction.
4.3. SMS Verification: Your phone number is collected solely for security authentication purposes. We do not use your phone number for marketing communications without your explicit consent.
4.4. Data Usage: We use your information to provide and improve our services, ensure security, and comply with legal obligations.
4.5. Third-Party Sharing: We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as required by law or as necessary to provide our services.
4.6. For detailed information about our data practices, please refer to our Privacy Policy, which is incorporated by reference into these Terms.

5. Medical Disclaimer

5.1. Educational Purpose Only: The SurgExplain Application is designed for educational and informational purposes only. The content provided through the Application is not intended to be a substitute for professional medical advice, diagnosis, or treatment.
5.2. Not Medical Advice: Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition or surgical procedure. Never disregard professional medical advice or delay in seeking it because of something you have read or viewed through the Application.
5.3. No Doctor-Patient Relationship: Use of the Application does not create a doctor-patient relationship between you and SurgExplain or any healthcare professionals associated with the content.
5.4. Emergency Situations: If you think you may have a medical emergency, call your doctor or emergency services immediately. The Application should not be used for emergency medical situations.

6. User Content

6.1. Our Application may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("Content"). You are responsible for the Content that you post on or through the Application.
6.2. By posting Content, you grant us the right to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Application. You retain any and all of your rights to any Content you submit, post, or display on or through the Application.

7. Intellectual Property

7.1. The Application and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of SurgExplain and its licensors.
7.2. The Application is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of SurgExplain.

8. Prohibited Uses

You agree not to use the Application: • In any way that violates any applicable federal, state, local, or international law or regulation • To transmit, or procure the sending of, any advertising or promotional material without our prior consent • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Application.

9. Limitation of Liability

9.1. In no event shall SurgExplain, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your access to or use of or inability to access or use the Application.
9.2. We do not warrant that the Application will be uninterrupted or error-free, that defects will be corrected, or that the Application or the server that makes it available are free of viruses or other harmful components.

10. Changes to Terms

10.1. We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of changes by posting the updated Terms on this page.
10.2. By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

11. Governing Law

These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.
12. Contact Us

If you have any questions about these Terms, please contact us at support@surgexplain.com.