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Terms of Service

Last updated: March 6, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the products and services provided by Surgery.AI ("we," "us," or "our"), including our AI phone agent, clinical intake, and related software services (collectively, "Services"). By executing a Service Agreement or accessing the Services, you ("Customer") agree to be bound by these Terms.

2. Services

Surgery.AI provides AI-powered tools for healthcare practices, including AI phone agents and clinical intake software. The specific Services, features, and pricing applicable to your account are set forth in your Service Agreement or Order Form.

We reserve the right to modify, update, or discontinue features of the Services with reasonable notice to Customers.

3. Account and Access

Customer is responsible for maintaining the confidentiality of login credentials and for all activities that occur under Customer's account. Customer must promptly notify us of any unauthorized access or suspected security breach.

Access to the Services is limited to the Customer and authorized users as specified in the Service Agreement. Customer may not share access credentials or resell access to the Services.

4. Fees and Payment

Services are provided on a subscription basis. Fees are as set forth in your Service Agreement. Monthly subscription fees commence on the go-live date unless otherwise specified. The one-time setup fee is non-refundable.

Invoices are due within 30 days of issuance. Surgery.AI reserves the right to suspend Services for accounts more than 30 days past due.

5. Customer Responsibilities

Customer agrees to:

  • Provide accurate practice and configuration information during onboarding
  • Use the Services in compliance with all applicable laws and regulations, including HIPAA
  • Obtain any necessary patient consents required for use of the Services
  • Not use the Services to provide clinical diagnosis or replace physician judgment
  • Promptly report any errors, security concerns, or unexpected behavior to Surgery.AI

6. Prohibited Uses

Customer may not:

  • Use the Services for any unlawful purpose or in violation of any regulations
  • Attempt to reverse engineer, decompile, or extract source code from the Services
  • Use the Services to build a competing product
  • Interfere with the security or integrity of the Services
  • Transmit any patient data outside the scope of the executed BAA

7. Intellectual Property

Surgery.AI retains all rights, title, and interest in the Services, including all underlying technology, AI models, and software. These Terms do not grant Customer any ownership interest in the Services.

Customer retains ownership of all data provided to Surgery.AI, including patient data and practice configurations.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party's non-public information and to use such information only as necessary to perform under these Terms. This obligation survives termination.

9. HIPAA and Protected Health Information

Where the Services involve PHI, the parties shall comply with the executed Business Associate Agreement, which is incorporated herein by reference. In the event of a conflict between these Terms and the BAA with respect to PHI, the BAA shall control.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS." SURGERY.AI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL JUDGMENT. AI-GENERATED CONTENT, INCLUDING SUGGESTED DIAGNOSES AND CLINICAL NOTES, MUST BE REVIEWED AND VERIFIED BY A LICENSED HEALTHCARE PROVIDER BEFORE CLINICAL USE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SURGERY.AI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES. SURGERY.AI'S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE THREE MONTHS PRECEDING THE CLAIM.

12. Term and Termination

These Terms commence on the date of your Service Agreement and continue until terminated. Either party may terminate with 30 days written notice. Surgery.AI may terminate immediately for material breach, non-payment, or violation of applicable law.

Upon termination, Customer's access to the Services will cease and data will be handled in accordance with the BAA and Privacy Policy.

13. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Dallas County, Texas.

14. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated to Customers with at least 30 days notice. Continued use of the Services after the effective date constitutes acceptance.

15. Contact

For questions about these Terms:
Surgery.AI
anup@surgery.ai

© 2026 Surgery.AI.