Terms of Service
Effective Date: June 1, 2025 (Last Updated: July 29, 2026)
Welcome to SurgiTest, an AI-powered educational platform for surgical board exam preparation. These Terms of Service (“Terms”) are a legally binding agreement between you and SurgiTest LLC (“SurgiTest,” “we,” “us,” or “our”) and govern your access to and use of our website, applications, and services (collectively, the “Service”). By creating an account, purchasing a subscription, or otherwise using the Service, you agree to these Terms. If you do not agree, you must not use the Service.
Please also review our Privacy Policy (available on our website) to understand how we collect and use personal data. These Terms apply to all users of the Service worldwide. The Service is intended for adult use only, and by using it you represent that you are at least 18 years old (or the age of legal majority in your jurisdiction).
Account Registration: To use SurgiTest, you must create an account and purchase a subscription. You agree to provide accurate, current, and complete information during registration and to update your information if it changes. Each user must maintain only one account, and accounts are non-transferable.
Account Security: You are responsible for maintaining the confidentiality of your account login credentials. Do not share your username or password with anyone. You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or a security breach, you must notify us immediately. SurgiTest is not liable for any loss or damage arising from your failure to keep your account secure.
Account Use: You agree that you will use your account solely for your own personal, educational use of the Service. You will not allow any other person to access the Service through your account. We reserve the right to suspend or terminate accounts that we suspect are being shared or used in violation of these Terms.
SurgiTest is a paid, subscription-based service. By subscribing, you agree to the following terms regarding fees, billing, and cancellations:
Taxes: Fees are exclusive of applicable taxes unless otherwise stated. You are responsible for any sales, use, VAT, GST, or similar taxes imposed on your purchase, except for taxes based on SurgiTest’s net income. Stripe may calculate and collect applicable taxes where configured.
Board Groups and Group Rate: Board Groups are private accountability groups for two to five individual users. Each member maintains a separate account and subscription. For eligible annual subscriptions attributed to a Board Group during its stated formation window, SurgiTest may provide a Group Rate equal to 5% of the eligible pre-tax annual membership charge for two eligible paid members, 10% for three, 15% for four, and 20% for five. Taxes, payment-provider fees, and other non-membership charges are excluded from the Group Rate calculation. The Group Rate applies only to the eligible first annual term identified by SurgiTest, does not stack with other promotions unless expressly stated, and may be delivered as a partial refund or account credit. When a group reaches a higher tier, prior eligible members may receive only the incremental adjustment needed to equalize the tier. Complimentary, institutional, monthly, refunded, disputed, fraudulent, or otherwise ineligible subscriptions do not count. Group Rate awards are subject to successful payment, anti-fraud review, and the eligibility rules displayed at purchase. SurgiTest will not ordinarily claw back a legitimately delivered Group Rate solely because another member later leaves, but may reverse or withhold benefits obtained through fraud, chargeback, duplicate accounts, self-referral, or abuse.
Board Group administration: A group owner organizes invitations and group settings but does not own, manage, cancel, or access another member’s account, subscription, private exam records, transcripts, personal uploads, or billing details. SurgiTest may limit one active Board Group and one Group Rate benefit per account or subscription term.
We grant you a personal, limited license to use the Service for the purpose of your own surgical board exam study and related educational activities. You agree to use SurgiTest only for lawful, educational purposes and in compliance with these Terms. You further agree not to engage in any of the following prohibited conduct:
Violation of any of the above conduct rules may result in immediate suspension or termination of your account without refund, and may also subject you to legal consequences. SurgiTest reserves the right to investigate any suspected breach of these Terms and to take any action we deem appropriate. This may include cooperating with law-enforcement authorities or issuing a warning, suspension, or permanent ban from the Service.
By using SurgiTest, you may input or provide content to the Service. For example, you might speak into the Service’s voice interface (your voice recordings) or type queries or notes. All information, data, text, audio, or other material that you provide to the Service is considered your “User Content.” SurgiTest does not claim ownership of your User Content. You retain any intellectual-property rights that you hold in your content. However, in order for us to provide the Service, you grant SurgiTest a license to use your content as described below:
License to SurgiTest: By submitting, uploading, or speaking any User Content (including voice input and de-identified case packets) on the Service, you grant SurgiTest a worldwide, royalty-free, sublicensable, non-exclusive license to use, reproduce, process, adapt, and analyze your User Content for the purposes of operating, securing, supporting, and improving the Service. This means we may, for example, store exam transcripts, process de-identified uploads into draft cases, generate examiner audio, and analyze aggregate or de-identified patterns to improve educational quality. This license is limited to those purposes; we will not publish or make your private User Content publicly available to others without your permission.
Confidentiality of Your Content: SurgiTest is designed as a personal learning tool. Your session transcripts, performance data, and any content you input are private to your account. We do not provide any public feed or sharing mechanism for user-generated content, and other users cannot see your transcripts or activity. We treat your voice recordings and transcripts as confidential to you, subject to the license above which allows us to process them internally. We will not disclose your User Content to third parties except (i) to our service providers who assist in operating or improving the Service (and who are bound by confidentiality obligations), or (ii) if required by law (for example, a lawful subpoena), or (iii) in connection with preventing harm or illegal activities (such as addressing security threats or misuse as described in Section 3).
No Sensitive Personal Data: You agree not to provide any sensitive personal information via the Service. This includes personal health or medical records, real patient identifiers, government identification numbers, financial information, or any data protected under privacy or health laws (such as HIPAA in the United States). SurgiTest does not intentionally collect protected health information (PHI). The Service is not a healthcare provider and is not intended to store or transmit medical records. By using the Service, you acknowledge that any health-related content you input or upload is hypothetical, de-identified, and educational in context. We reserve the right to reject, delete, quarantine, or anonymize any User Content that we suspect contains PHI or sensitive personal data.
Data Usage for Improvement: SurgiTest may aggregate and anonymize User Content (including voice interactions) to improve and train our AI models and to enhance the overall platform. For example, we might analyze common wrong answers or frequently asked questions to improve our study materials. When used for these purposes, your data will be de-identified and combined with data from other users so that it is no longer associated with you personally. We value your privacy and aim to use the minimum amount of data necessary for improvement.
We are committed to protecting your personal information. Any personal data we collect from you (such as your name, email address, payment information, and any personal details in your User Content) will be handled in accordance with our Privacy Policy. In summary:
We collect and use your personal data to provide the Service (e.g., creating your account, processing payments, and delivering educational content).
Voice recordings and transcripts are used internally for the purposes described above and are stored securely. We implement industry-standard security measures to safeguard your data. However, no system is 100% secure, so you acknowledge that you provide data at your own risk.
We do not sell your personal information to third parties. We do not use your data for advertising purposes. Any sharing of data with third-party processors (such as Google Cloud hosting, Firebase, Google Gemini/GenAI on Vertex AI infrastructure, Google Cloud Text-to-Speech, or Stripe) is solely to provide, secure, support, or improve the Service, under confidentiality and security obligations.
For detailed information on how we collect, use, store, and disclose personal data (including any rights you may have under applicable data protection laws), please refer to our Privacy Policy. By using the Service, you agree that SurgiTest can use your data in accordance with our Privacy Policy and these Terms.
All content provided on or through the Service, including but not limited to software, AI models, algorithms, questions, explanations, text, graphics, images, videos, logos, trademarks, and the compilation and arrangement of such content (collectively, “SurgiTest Content”), is the property of SurgiTest or its licensors and is protected by intellectual property laws (such as copyright, trademark, and trade secret laws). SurgiTest retains all rights, title, and interest in and to the SurgiTest Content and the Service.
SurgiTest grants you a limited, non-exclusive, non-transferable, revocable license to access and use the SurgiTest Content through the Service for your personal, non-commercial, educational use only, and only as expressly permitted by these Terms. This license does not grant you any ownership or resale rights in our content or Service. Except for the limited use rights granted to you in these Terms, no other rights or licenses are granted by implication or otherwise. All rights not expressly granted to you are reserved by SurgiTest and its licensors.
You agree not to reproduce, distribute, publicly display, publicly perform, publish, download (except page caching or PDF transcripts for your personal study use), transmit, or create derivative works from any SurgiTest Content without our prior written permission, unless such activity is expressly permitted by a feature of the Service. Any unauthorized use of SurgiTest Content is a violation of our rights and is prohibited.
“SurgiTest,” our logo, and any other product or Service names or slogans displayed on the Service are trademarks of SurgiTest LLC or its affiliates and licensors. You may not use any SurgiTest trademarks or logos without our prior written consent. All third-party trademarks that may appear in the Service are the property of their respective owners and are used solely for reference purposes. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
We welcome and appreciate feedback, comments, and suggestions to improve our Service (“Feedback”). If you choose to provide Feedback, you agree that SurgiTest is free to use, disclose, reproduce, license, or otherwise distribute and exploit the Feedback as it sees fit, entirely without obligation or compensation to you. You agree that any Feedback you provide is not confidential and is given on a voluntary basis. Please do not provide any Feedback that you consider proprietary or that you expect to be compensated for. SurgiTest may incorporate your Feedback into the Service or future products without any obligation. (This section does not limit any rights you may have under applicable law in your jurisdiction.)
It outlines important limitations on the scope of our Service and our legal obligations to you. The following disclaimers apply to the maximum extent permitted by applicable law:
The SurgiTest Service and all content (including AI-generated answers, study materials, and guidance) are provided for educational and informational purposes only. They do not constitute medical or professional advice. SurgiTest is not a healthcare provider, and no doctor–patient or medical professional–patient relationship is created by your use of the Service. You acknowledge that you will not rely on SurgiTest as a substitute for your own professional judgment or for the advice of a qualified healthcare provider. Always exercise your independent medical judgment, and do not delay or forego seeking medical advice from a licensed physician because of information you obtained from our Service. If you have a medical question or face a real-life medical situation, you should consult a licensed medical professional. SurgiTest’s content is for exam study practice only – it is not a tool for patient care.
Daily briefs, personal-upload outputs, auto-grading, transcripts, and AI examiner responses may contain errors, omissions, outdated citations, or unsupported reasoning. Citation validation and retrieval features are intended to improve educational quality, but they do not convert SurgiTest into a clinical decision-support tool. You are responsible for verifying any medical or guideline statement against authoritative sources before using it outside exam preparation.
SurgiTest aims to help you prepare for surgical board examinations, but we do not guarantee any specific results from using the Service. Using SurgiTest does not ensure that you will pass any exam, achieve any certification, or attain any particular score or outcome. Every user’s success depends on many factors outside our control, including their own knowledge, effort, and test conditions. The educational content and AI responses provided may not always reflect the latest research or guidelines, and there is no guarantee of accuracy or completeness. You should use external textbooks, guidelines, and professional resources to verify information. If you spot an error in our content, please notify us, but you use the information obtained from SurgiTest at your own risk.
SurgiTest provides the Service and all content on an “AS IS” and “AS AVAILABLE” basis, without any warranties of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties and conditions, express or implied, regarding the Service and SurgiTest Content. This includes, but is not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the Service will meet your requirements or expectations. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free, or that any defects will be corrected. SurgiTest does not guarantee the accuracy, reliability, correctness, or completeness of any information or content (including any answers or explanations provided by the AI). No oral or written information or advice given by SurgiTest or its representatives shall create any warranty.
You acknowledge that AI technology has inherent limitations. Answers or results provided by the AI may be inaccurate, outdated, or may omit important information. Use your discretion and double-check critical information from reputable sources. Additionally, you understand that the Service’s availability may occasionally be limited due to scheduled maintenance, technical issues, or factors beyond our control. We do not warrant that the Service will be available at all times or that it will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusions. You are solely responsible for implementing sufficient safeguards (such as antivirus protection and data backups) to meet your requirements for security and reliability.
Some jurisdictions do not allow certain warranty disclaimers. If you are entitled to consumer protection or warranty rights under the laws of your state or country, some of the above exclusions may not apply to you. In such cases, SurgiTest’s warranties are limited to the minimum extent permitted by applicable law.
To the fullest extent permitted by law, in no event will SurgiTest or its officers, directors, employees, agents, partners, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages whatsoever, arising out of or related to your use of (or inability to use) the Service or any SurgiTest Content. This limitation of liability applies whether the claim is based in contract, tort (including negligence), strict liability, or any other legal theory, and even if we have been advised of the possibility of such damages. This means that we will not be responsible for losses such as (but not limited to):
In addition, to the extent permitted by law, the total aggregate liability of SurgiTest for all claims arising out of or related to these Terms or your use of the Service will not exceed the amount you have paid to SurgiTest in subscription fees in the last twelve (12) months (or, if greater, one hundred U.S. dollars (USD $100)). If you have not paid any amount, SurgiTest’s total liability for any claim will be $100. This overall cap on liability applies to all types of claims described above.
The limitations of liability in this Section 7 are fundamental elements of the basis of the bargain between you and us. SurgiTest would not be able to offer the Service on an economically feasible basis without such limitations. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. Nothing in these Terms shall limit or exclude liability that cannot be limited by law – for example, liability for death or personal injury directly caused by our gross negligence or willful misconduct, or for our fraud or fraudulent misrepresentation.
These Terms and any dispute arising out of or related to these Terms or the Service will be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles. We choose Delaware law to provide consistency in the interpretation of these Terms, no matter where in the world the Service is used. However, if you are a consumer located outside the United States, you may also be entitled to the protection of the mandatory consumer protection provisions of your local consumer protection law. Nothing in this Governing Law section will affect rights you may have that cannot be waived under the laws of your jurisdiction (for instance, certain statutory rights of consumers in the European Union or United Kingdom).
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms or the Service. The Service is a provision of services, not goods, and we explicitly exclude the application of that international treaty.
Agreement to Arbitrate: You and SurgiTest agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Service shall be resolved through final and binding arbitration, rather than in court, except for the specific exceptions described below. This agreement to arbitrate is governed by the U.S. Federal Arbitration Act (FAA) and evidences a transaction in interstate commerce. YOU AND SURGITEST WAIVE ANY RIGHT TO A JURY TRIAL and AGREE NOT TO BRING OR PARTICIPATE IN A CLASS ACTION in court or in arbitration. You and SurgiTest agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any class or representative proceeding. The arbitrator shall not have authority to combine or aggregate similar claims or conduct any class or representative proceeding, and shall only have authority to resolve individual disputes between you and SurgiTest.
Disputes Covered: This arbitration agreement is intended to be broadly interpreted. It includes, for example, disputes related to these Terms, our Privacy Policy, your relationship with SurgiTest, or the Service’s features or performance. It applies to claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory. The arbitrator has the sole authority to determine the scope and enforceability of this arbitration agreement (subject to applicable law).
Exceptions – Small Claims and Injunctive Relief: Exceptions to the agreement to arbitrate are as follows: (a) Small Claims: Either you or SurgiTest may choose to pursue a dispute in small claims court (or an equivalent court of limited jurisdiction) if the claim qualifies and so long as the matter remains in that court and is on an individual (non-class) basis. (b) Injunctive Relief: Notwithstanding the agreement to arbitrate, either party may seek urgent injunctive or equitable relief (for example, a court order to stop unauthorized use of intellectual property or to preserve the status quo pending arbitration) in a court of competent jurisdiction. Seeking such interim relief will not be a waiver of the right to arbitrate.
Arbitration Procedures: To begin an arbitration, the complaining party must send a written notice to the other party describing the dispute and stating what relief is requested. You must send any arbitration notice to: SurgiTest LLC, Attn: Legal Department, 16192 Coastal Highway, Lewes, Delaware, 19958 USA. SurgiTest will send any arbitration notice to you at the email and/or mailing address associated with your account. The arbitration will be administered by the American Arbitration Association (AAA) (or a similar established arbitration provider if AAA is unavailable) under the Consumer Arbitration Rules of the AAA. If the AAA is unable or unwilling to administer the arbitration, the parties shall agree on an alternative arbitrator or arbitration provider, or a court will appoint one. The arbitration will be heard by a single, neutral arbitrator.
Arbitration Location and Process: You may choose to have the arbitration conducted by telephone, video conference, or written submissions, or you may request an in-person hearing. If an in-person hearing is requested, you may choose to have it in or near your county of residence, or in Wilmington, Delaware, USA, or another location mutually agreed by you and SurgiTest. The arbitrator will have discretion to direct reasonable exchange of information (e.g., limited discovery if necessary) consistent with the expedited nature of arbitration.
Arbitration Fees: Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules. If you are an individual consumer and you initiate arbitration against us, your arbitration filing fee will be limited to the amount set by the AAA’s Consumer Rules (currently, that amount is $200 USD for claims under $10,000, but rules may change). SurgiTest will pay any remaining AAA fees or arbitrator’s fees for the arbitration, provided your claim is not frivolous or brought in bad faith. Each side bears its own attorneys’ fees and costs unless the arbitrator awards otherwise under applicable law.
Arbitration Award: The arbitrator may award any relief that a court of competent jurisdiction could award, including individual injunctive relief and attorneys’ fees if provided by law. The arbitrator’s decision and award is final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator shall provide a reasoned written decision if requested by either party.
30-Day Right to Opt Out: If you do not wish to be bound by the arbitration and class-action waiver provisions in this Section, you must notify SurgiTest by email at legal@surgitest.com within 30 days of first accepting these Terms (the “Opt-Out Deadline”). You must provide your name, address, the email associated with your SurgiTest account, and a clear statement that you want to opt out of this arbitration agreement. If you opt out by the Opt-Out Deadline, you will not be bound by the arbitration provisions, and you agree that any disputes will be resolved in the state or federal courts located in Delaware, USA, as described in Section 8 above. If you do not opt out by the Opt-Out Deadline, you will be bound to arbitrate disputes in accordance with this Section.
Severability and Arbitration Terms: If any portion of this arbitration agreement is found unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from these Terms; (2) severance of the unenforceable provision shall have no impact whatsoever on the remainder of the arbitration agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis under this arbitration agreement; and (3) if, for some reason, the class-action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void. In such circumstances, or if you opt out of arbitration as described above, disputes shall be resolved in the courts specified in Section 8 (Governing Law), and both you and SurgiTest consent to the personal jurisdiction of those courts.
By SurgiTest: We reserve the right to suspend or terminate your access to the Service (or any part of it) at any time, with or without notice, if we believe that: (i) you have violated any provision of these Terms or have otherwise engaged in unlawful or improper use of the Service; (ii) your account has been compromised or is being used without authorization; or (iii) we decide to discontinue the Service or a portion of it. In the event of termination due to your breach of these Terms, we may terminate your access immediately and no refund will be provided for any remaining subscription period. We shall not be liable to you or any third party for any such suspension or termination of your access.
By You: You are free to stop using the Service at any time. You may delete your account or cease using the Service, though you will not be entitled to any refund of prepaid fees except as expressly provided in Section 2 (Paid Subscription Terms). If you wish to terminate your account, you may do so through the account settings or by contacting us. Termination of your account will result in deactivation or deletion of your account and the forfeiture of all associated content or benefits (unless we are required to retain certain data by law or per our Privacy Policy).
Upon any termination of these Terms or your account, Sections 5 (Intellectual Property Rights), 6 (Disclaimers), 7 (Limitation of Liability), 8 (Governing Law), 9 (Dispute Resolution and Arbitration), 10 (Suspension, Termination, and Remedies), and 11 (Miscellaneous) will survive and continue to be in effect. Any licenses you have granted to SurgiTest (for example, the license to use your User Content) will also survive to the extent necessary for us to comply with law, resolve disputes, or enforce any agreements reached prior to termination.
Changes to Terms: SurgiTest may update or modify these Terms from time to time. If we make material changes, we will notify you by email or by posting a prominent notice on our website or within the Service. Your continued use of the Service after updated Terms are posted (and after the Effective Date of those changes) will constitute your acceptance of the changes. If you do not agree to a change in the Terms, you must stop using the Service and cancel any active subscription. We encourage you to review the Terms periodically to ensure you understand the terms and conditions that apply to your use of the Service.
Entire Agreement: These Terms (along with any other legal terms expressly incorporated by reference, such as our Privacy Policy and any additional guidelines or rules that we post) constitute the entire agreement between you and SurgiTest regarding the Service, and supersede all prior and contemporaneous agreements, proposals, or communications, whether written or oral, relating to your use of the Service. Any additional or differing terms proposed by you (for example, in an email or customer purchase order) are hereby rejected and will not be binding unless SurgiTest expressly agrees to them in a written, signed document.
No Waiver: Our failure to enforce any provision of these Terms shall not be deemed a waiver of our right to do so later. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of SurgiTest. If one party excuses a breach or failure to comply, it does not mean that party will excuse any other breach or future compliance failure.
Severability: If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect. The invalid or unenforceable part will be deemed modified to the least degree necessary to correct the invalidity or unenforceability, and if it cannot be so modified, then it shall be severed, and the rest of the Terms shall continue as written.
Assignment: You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment without consent is void. SurgiTest may freely assign or transfer these Terms (in whole or in part) as part of a merger, acquisition, asset sale, or other corporate reorganization, or by operation of law, or to any affiliate or successor. These Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
No Third-Party Beneficiaries: These Terms are for the benefit of you and SurgiTest. Except as expressly provided in these Terms, they are not intended to confer any rights or remedies on any person or entity other than you and SurgiTest.
Force Majeure: SurgiTest will not be liable for any failure or delay in performance of its obligations (except payment obligations) under these Terms if such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, strikes or labor disputes, pandemics, power or internet failures, or government actions. We will use reasonable efforts to mitigate the effects of any such event and resume performance as soon as practicable.
Relationship of the Parties: Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and SurgiTest. Neither party has authority to bind the other or incur obligations on the other’s behalf.
Headings and Interpretation: Section headings in these Terms are for convenience only and have no legal effect. Words like “including” or “for example” shall be deemed to be followed by “without limitation.” These Terms will not be construed against the party that drafted them; both you and SurgiTest have had the opportunity to review and negotiate these Terms (or to decline to use the Service).
Notices: We may provide you with notices, including those regarding changes to these Terms or any matters relating to your account, by email to the address associated with your account, by regular mail, or by postings on our website/Service. You hereby consent to receive electronic communications from us. You may give notice to SurgiTest by emailing us at support@surgitest.com or by mailing us a letter to SurgiTest LLC at the address listed on our website (Attn: Legal Department). Notice is deemed given when received by us. It is your responsibility to keep your account contact information current so that you receive notices properly.
If you have any questions, concerns, or comments about these Terms or the Service, or need to contact us for any reason, you can reach us at:
SurgiTest LLC
Email: support@surgitest.com
Mailing Address: SurgiTest LLC, 16192 Coastal Highway, Lewes, Delaware, 19958 USA (or the then-current address provided on our website)
By using the SurgiTest Service, you acknowledge that you have read, understood, and agree to these Terms of Service. Thank you for choosing SurgiTest for your surgical board exam preparation, and best of luck with your studies!