Terms of Service
Welcome to SurgiUncle, a service of Patient Ally Systems, LLC (the “Company,” “we,” “us,” or “our”). The Company maintains this Website, the SurgiUncle mobile-first web application, and related services (collectively, the “Service”) for personal education, information, and communication. Your access to and use of the SurgiUncle Service is subject to these Terms of Service (“Terms”).
By creating an account, accessing, or using the SurgiUncle Service in any way, you agree to these Terms. If you do not agree, do not use the SurgiUncle Service.
IMPORTANT MEDICAL-EMERGENCY NOTICE
IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. DO NOT DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF CONTENT YOU HAVE READ OR ADVICE OBTAINED THROUGH THE SERVICE. THE SERVICE DOES NOT CONTAIN OR CONSTITUTE MEDICAL ADVICE, AND WE DO NOT MONITOR THE SERVICE OR COMMUNICATIONS FROM THE SERVICE FOR MEDICAL DIAGNOSTIC OR EMERGENCY HEALTH CARE PURPOSES.
NATURE OF THE SURGIUNCLE SERVICE, AI LIMITATIONS, AND USER RESPONSIBILITIES
SurgiUncle is an AI-powered conversational tool that provides general informational and supportive guidance related to common pre- and post-surgery topics. It is designed as a health and wellness support tool only.
The SurgiUncle Service does not:
• Diagnose conditions;
• Prescribe or recommend specific treatments or medications;
• Replace advice from licensed healthcare professionals; or
• Provide emergency medical services.
The SurgiUncle Service’s AI persona is a fictional “retired surgeon.” It is not a licensed physician and does not practice medicine. All content is generated by artificial intelligence and may contain errors or incomplete information. You are solely responsible for any decisions you make based on information from the SurgiUncle Service.
You are solely responsible for:
• Evaluating the information provided by the SurgiUncle Service;
• Consulting your own licensed healthcare providers for all medical decisions;
• Providing accurate information about the selected procedure and, if you are a Caregiver, information about the Patient that you choose to provide;
• If you register as a Caregiver, representing that you are authorized to provide information about the Patient for the limited purpose of using the Service for that Patient’s care journey. A Caregiver remains the Caregiver and does not become the Patient; and
• Understanding that optional health-condition information is used only to personalize general guidance and does not create a treatment relationship.
ELIGIBILITY
You must be at least 18 years old to use the SurgiUncle Service. By using the SurgiUncle Service, you represent that you are at least 18 and have the legal capacity to enter into these Terms. The SurgiUncle Service is not intended for anyone under 18.
ACCOUNT CREATION
To use most features of the SurgiUncle Service, you must create an account using a name of your choice. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use.
“Care Episode” means the procedure-specific Service experience associated with one selected procedure, including the free trial and, if purchased, a paid 180-day access period. A paid Care Episode begins when the $49 payment is successfully processed. One $25 renewal may extend the same Care Episode for another 180 days. Selecting a different procedure requires a separate Care Episode.
“Caregiver” means a Designated User who receives Patient-centered education and support through the SurgiUncle Service for the Patient’s care journey. The Caregiver does not become the Patient.
“Designated User” means the one person registered for the Care Episode as either the Patient or a Caregiver. In these Terms, “User” means the Designated User.
“Patient” means the person undergoing or preparing for the selected procedure. The Patient is the subject of the SurgiUncle Service’s procedure-specific education and emotional support.
Another person may occasionally participate in a conversation, but that participation does not create a second Designated User, separate access right, or new Care Episode.
PAYMENT TERMS
When you activate your account, you receive 10 free text messages and 3 free voice messages. For purposes of the free trial, the Service will count text messages and voice messages according to the counting method disclosed in the Service. The Service will communicate the remaining trial availability where technically supported.
After the free trial, a successfully processed one-time payment of $49 provides 180 days of access for the selected procedure. You may renew once for another 180 days for $25. The free trial is not a subscription. There is no recurring subscription and no automatic renewal. Any renewal requires a separate affirmative purchase.
Each surgical procedure requires its own Care Episode and payment. The initial payment and any renewal payment are non-refundable except as required by law or as we expressly state in writing. We may change pricing or trial limits for future registrations by notice; changes do not affect a Care Episode already purchased.
Payments are processed through the payment processor identified in the final launch configuration. The applicable payment processor, payment-data practices, and processor terms will be described consistently in the Service’s Terms of Service and Privacy Policy, with a link to the processor’s current terms when applicable.
SERVICE CONTENT
All contents, text, graphics, logos, information, materials, audio, images, digital downloads, data, compilations, and software, if applicable, included on, in, or with the SurgiUncle Service are the property of the Company. Company trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company.
The SurgiUncle Service contains copyrighted material, trademarks, service marks, trade dress, and other proprietary content, including but not limited to text, software, photographs, images, logos, video, and graphics (the “Content”), and the entire selection, coordination, arrangement, and “look and feel” of the SurgiUncle Service and the Content are copyrighted as a collective work under United States copyright laws (collectively, “Intellectual Property Rights”). The Company grants you a limited license to access and make personal use of the SurgiUncle Service in accordance with these Terms. You are only permitted to use Content as expressly authorized herein or in writing by the Company. Neither these Terms nor your use of the SurgiUncle Service transfers any right, title, or interest in the SurgiUncle Service or the Content to you, and the Company and our third-party licensors retain all of our and their respective rights, title, and interest to the SurgiUncle Service and Content.
Except as provided in these Terms, you may not use, modify, republish, copy, frame, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse-engineer, create derivative works from, or otherwise exploit any Content or information from the SurgiUncle Service, in whole or in part, without the express permission of the Company. Nothing in these Terms prevents you from printing, downloading, or sharing Service content for your personal, noncommercial use with your healthcare providers or Caregiver, provided that you do not remove proprietary notices, materially misrepresent the content, modify it deceptively, or use it commercially.
The Service is offered only in jurisdictions where the Company makes it available. We make no representation that the Service or its Content is appropriate or lawful in every jurisdiction. You are responsible for complying with applicable local law when accessing or using the Service.
Certain product, service, or company designations for organizations other than the Company may be mentioned in the SurgiUncle Service for identification purposes only. Any third-party trademarks, trade names, logos, product or services names contained on the SurgiUncle Service are the trademarks, registered or unregistered, of their respective owners.
Nothing contained in these Terms shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise, under any of our Intellectual Property Rights or under any third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.
USER CONDUCT
You agree to use the SurgiUncle Service only for lawful, personal, informational, non-commercial purposes related to general pre- and post-surgery support and wellness guidance.
In using the SurgiUncle Service, you agree that you will not:
• Use the SurgiUncle Service for medical advice or in a medical emergency; if you are experiencing a medical emergency, call 911 (or your local emergency number) immediately. Do not use the SurgiUncle Service;
• Delete, modify, hack, attempt to change or alter, sell, rewrite, redistribute, or use for any commercial purposes any of the Content or the SurgiUncle Service;
• Use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the SurgiUncle Service or servers or networks connected to the SurgiUncle Service, or take any other action that interferes with other parties’ use of the SurgiUncle Service;
• Use any robot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on the SurgiUncle Service for purposes other than for a generally available search engine;
• Use any Company names, service marks, or trademarks without our prior written consent, including without limitation metatags, search engine keywords, or hidden text;
• Use any material or information, including text, images, or photographs, which are made available through the SurgiUncle Service in any manner that infringes any copyright, trademark, patent, trade secret, rights of publicity, or other proprietary right of any party, or remove any copyright notices from Content;
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, denial-of-service attacks, or any other similar software or programs that may damage the operation of another’s computer or property of another;
• Reverse-engineer, reverse-assemble, reverse-compile, decompile, disassemble, translate, or otherwise defraud or create false results from any executable code or information on or received by the SurgiUncle Service; or
• Use the Content or the SurgiUncle Service in an unlawful way or for an unlawful or illegitimate purpose, or in any manner inconsistent with these Terms.
DATA COLLECTION, PRIVACY, AND COMMUNICATIONS WITH YOU
We will treat information we collect through the SurgiUncle Service in accordance with our Privacy Policy, which is incorporated into these Terms. The Privacy Policy will be linked from the Service. By using the SurgiUncle Service, you consent to the collection, use, and sharing of information as described in that Privacy Policy.
COPYRIGHT INFRINGEMENT
The Company will, upon receiving proper notice as set forth below, use commercially reasonable efforts to investigate notices of copyright infringement and take appropriate action under the law as required. If you believe that your copyrighted work or the copyrighted work of another party is being infringed, please notify our Privacy Officer using the contact information provided at the end of these Terms. When notifying us of the alleged copyright infringement, please include, in accordance with the law, all of the following information:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest that is claimed to have been infringed;
• Identification of the copyrighted work alleged to have been infringed;
• A description of the material that is claimed to be infringing and information sufficient to locate the material on the SurgiUncle Service;
• Information sufficient to contact the complaining party, such as a physical address, telephone number, and, if available, an electronic mail address;
• A statement that the complaining party has a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on the copyright owner’s behalf.
If material is believed in good faith by the Company to infringe a copyright or otherwise violate any Intellectual Property Rights, we will remove or disable access to any such material.
RELATIONSHIP TO OTHER TERMS, SITES, CONTENT, PRODUCTS, AND SERVICES
If there are additional terms associated with a specific online service, you will be presented with those additional terms at the time you access such online service. Those additional terms supplement these Terms and are incorporated herein. However, those additional terms will apply only to that particular online service, and any conflict between these Terms and such supplemental terms will be interpreted in favor of the supplemental terms for that specific online service. Collectively, all these terms constitute an agreement between us and you.
As a convenience to you, the SurgiUncle Service may provide links to websites and access to content, products, and services of third parties, including without limitation the Company’s affiliates and strategic partners and other entities with which our connection consists of only a hyperlink (“Linked Sites”). All Linked Sites are provided only because they may be of interest to Service users. Information and views contained in Linked Sites are not adopted by us. You should refer to the separate terms of use, privacy policies, and other rules posted on Linked Sites before you use them. We do not author, edit, or monitor these Linked Sites, and we are not responsible or liable for (a) the availability of or content provided on such Linked Sites, nor does inclusion of any link imply endorsement of the Linked Sites by us, or vice versa; (b) third-party content accessible through Linked Sites; (c) any loss or damage whatsoever you may incur from dealing with any Linked Site; or (d) your dealings with any third parties found on or through the SurgiUncle Service. You bear all risk associated with the use of Linked Sites, third-party services, and your correspondence or business dealings with advertisers other than the Company found on or through the SurgiUncle Service.
NO MEDICAL ADVICE
The SurgiUncle Service is designed for educational purposes only. The SurgiUncle Service does not provide medical advice, diagnoses, or recommendations about medical treatment, and neither recommends nor endorses any products or information that may be contained in the Content for your particular circumstances. You expressly acknowledge and agree that the Company is not responsible for the results of your decisions made based on your use of the SurgiUncle Service.
THE CONTENT AND THE SERVICE ARE NOT INTENDED IN ANY WAY TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE. ALWAYS DIRECTLY SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEITHER THE CONTENT NOR THE SERVICE IS INTENDED TO BE RELIED ON FOR MEDICAL DIAGNOSIS OR TREATMENT. NEVER DISREGARD MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICE. IN AN EMERGENCY CALL 911 OR YOUR LOCAL EMERGENCY ASSISTANCE NUMBER.
DISCLAIMER
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY, AND EXPRESSLY DISCLAIMS ANY OBLIGATION, THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (E) THE FILES AVAILABLE FOR DOWNLOADING OR SHARING FROM THE SERVICE, IF ANY, WILL BE FREE FROM INFECTION, VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR (F) DEFECTS, IF ANY, WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR ITS AFFILIATES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
EXCEPT AS PROHIBITED OR LIMITED BY LAW, THE COMPANY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES, OR LIABILITIES ARISING FROM YOUR MISUSE OF ANY HEALTH INFORMATION, ADVICE, IDEAS, INFORMATION, INSTRUCTIONS, OR GUIDELINES ACCESSED THROUGH THE SERVICE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ANY OFFICER, DIRECTOR, AFFILIATE, EMPLOYEE, OR AGENT THEREOF BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, INCREASED, OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), ARISING FROM OR RELATED TO YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SERVICE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITH RESPECT TO DIRECT DAMAGES, AND WHERE THE ABOVE EXCLUSIONS OF INDIRECT AND CONSEQUENTIAL DAMAGES ARE LIMITED OR PROHIBITED UNDER LAW, YOU AGREE THAT ANY AND ALL DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES YOU SUFFER OR INCUR RELATED TO YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SERVICE THAT RESULT FROM ANY ACT OR OMISSION OF THE COMPANY, COMPANY AFFILIATES, ANY COMPANY LICENSOR OR SUPPLIER, SHALL BE LIMITED TO THE FEE PAID BY YOU PRIOR TO THE FIRST OCCURRENCE OF THE SUBJECT DAMAGES, LOSSES, FEES, CHARGES, EXPENSES, OR LIABILITIES, OR $100.00, WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. If applicable law in your jurisdiction limits or prohibits application of some or all of the above limitations on liability, those provisions should be interpreted to limit THE COMPANY’S liability to the fullest extent permitted by applicable law.
LIMITATION ON ACTIONS BROUGHT AGAINST COMPANY
You agree that any claim or cause of action arising out of your use of the SurgiUncle Service or these Terms must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by the Company to enforce or exercise any provision of these Terms or related right shall not constitute a waiver of that right or provision.
INDEMNIFICATION
You agree to indemnify, defend, and hold the Company and its affiliates and its and their respective officers, directors, shareholders, employees, agents, and representatives harmless from and against any and all damages, losses, liabilities, expenses, and costs, including reasonable attorneys’ fees and court costs, that relate to use of the SurgiUncle Service or any breach of these Terms.
DISPUTE RESOLUTION
As noted in the Terms of Use, we do not knowingly collect or solicit Personal Data about children under 16 years of age; if you are a child under the age of 16, please do not attempt to register for or otherwise use the Services or send us any You agree that any dispute arising out of or relating in any way to your use of the SurgiUncle Service requires confidential binding arbitration, except that the Company may seek injunctive or other appropriate relief for an actual or threatened violation of its Intellectual Property Rights. The arbitration shall be conducted before three neutral arbitrators in St. Johns County, Florida, U.S.A., in accordance with the rules of the American Arbitration Association (“AAA”), as then in effect. No claims of any other parties may be joined or combined in the arbitration proceeding. Unless otherwise required by applicable law, each party shall bear its own attorneys’ fees without regard to which party is deemed the prevailing party.
MODIFICATIONS TO TERMS
We may change these Terms from time to time. Please review these Terms periodically for any updates or changes. Your continued use of the SurgiUncle Service following the posting of any updates or changes to these Terms constitutes your acceptance of such changes. If you object to any provision of these Terms or any subsequent modifications to these Terms, your only recourse is to immediately terminate use of the SurgiUncle Service.
TERMINATION OR MODIFICATIONS TO THE SURGIUNCLE SERVICE
We may suspend or terminate your access at any time if you violate these Terms or for any other reason. You may stop using the SurgiUncle Service at any time. Upon termination, your right to use the SurgiUncle Service ends.
We reserve the right to modify or terminate the Content, Service, or portions of the SurgiUncle Service, or your access to the SurgiUncle Service, at any time, temporarily or permanently, with or without notice. We will post the updated version and note the “Last Updated” date, and material changes may be communicated to you by email or an in-app notice. Continued use of the SurgiUncle Service after changes constitutes acceptance of the updated Terms.
SURVIVAL
All sections of these Terms that by their nature should survive termination shall survive any termination. We may also impose limits on certain features, restrict your access to parts or all of the SurgiUncle Service, or charge fees for access to portions of the SurgiUncle Service without notice or liability. You acknowledge and agree that the Company will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to the SurgiUncle Service or portions of the SurgiUncle Service.
ACKNOWLEDGEMENT
You acknowledge (a) that you have read and understood these Terms; (b) that these Terms have the same force and effect as a signed agreement; (c) you are of sufficient legal age in your jurisdiction to agree to these Terms; (d) your access to and use of the SurgiUncle Service does not violate any agreement between you and any third party; and (e) your access to and use of the SurgiUncle Service does not violate any applicable local, state, national, or international law, rule, or regulation in your jurisdiction, including, without limitation, laws governing online conduct and the unlawful export of software or technical data to restricted individuals or countries.
GENERAL
In the event that any provision of these Terms is found invalid or unenforceable, it will be enforced to the extent permissible and the remainder of these Terms will remain in full force and effect. The Company’s failure to act with respect to a breach by any visitor using the SurgiUncle Service does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of Florida without regard to its choice-of-law provisions. In the event of any conflict between foreign laws, rules, and regulations and those of the United States, the laws of the United States will govern.
These Terms and the Privacy Policy as posted from time to time by the Company on the SurgiUncle Service, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
CONTACT INFORMATION
If you have any questions about these Terms, the practices of the Company, or your dealings with the SurgiUncle Service, please contact us through the address below. You may also contact us to update your personal information by notifying us when you change your name or email address.
Email: info@surgiuncle.com
Address: 830 A1A North, Suite 13-382, Ponte Vedra Beach, FL 32082