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Surgiyo LLC (together with any affiliates, “Surgiyo”) provides a multi-platform service for surgeons and other healthcare professionals to upload, host, and edit surgery videos in the cloud. These Terms of Use (“Terms”), which include our Privacy Policy, govern your use of this service through a browser, mobile app, and any related online or offline services that we provide (collectively, the “Services”). To the extent you have entered into a contractual agreement executed by Surgiyo (such as a Business Associate Agreement), the terms of that agreement will control in the event of any conflict.
Surgiyo requires that all users of the Services adhere to these Terms, including with respect to any electronic content, functionality, features and applications in our Services (collectively, “Materials”). If you are an individual, by using the Services or registering an account with us, you affirm that you are of legal age (at least 18) to form a binding contract with us and agree to our Terms. If you are acting or registering an account on behalf an organization, you further represent that you are authorized to, and do, accept these Terms on behalf of the organization. References to “you” in these Terms or Privacy Policy mean both you in a personal capacity and, if applicable, the organization you represent.
Your right to access or use the Services can be terminated if you violate these Terms or as otherwise provided in these Terms. We reserve the right to revise these Terms, and any rights not expressly granted herein are reserved. Please check back periodically to review any changes to our Terms. Please see Sections 10-12 below regarding your legal rights in any dispute involving our Services, including mandatory arbitration and a waiver of rights to a jury trial or class action.
THE SERVICES ARE GENERALLY INTENDED FOR INFORMATIONAL PURPOSES ONLY. THE SERVICES DO NOT, IN ANY WAY, OFFER ANY DIAGNOSIS OR MEDICAL ADVICE.
You are responsible for any activity that occurs through your user account, and you agree you will not sell, transfer, license, or assign your account, username, or any account rights. With the exception of individuals authorized to create accounts on behalf of an organization, we prohibit the creation of, and you agree that you will not create, an account for anyone other than yourself. All information you provide or provided to us upon registration and at all other times must be true, accurate, current, and complete, and you agree to update your information as necessary to maintain its truth and accuracy. You agree that we are not responsible or liable for the conduct of any other user.
Exercise caution, good sense, and sound judgment in using the Services. You are responsible for any material and information that you provide to us through the Services, including information, pictures, videos, and other materials that you submit (“User Content”).
You understand and agree that it is your sole responsibility to:
You hereby grant us a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use and display the information and materials that you provide to us through the Services as reasonably necessary to provide the Services to you, subject to our Privacy Policy. You represent and warrant that: (i) all of your User Content complies with these Terms; (ii) you own or control all necessary rights and consents to the User Content provided by you through the Services; (iii) you will pay for all royalties, fees, and any other monies owed in connection with User Content you provided through the Services; (iv) you understand and acknowledge that you are responsible for any User Content that you submit or contribute, and you, not us, have full responsibility for it, including its legality, reliability, accuracy, and appropriateness; (v) our receipt and use of the User Content as provided herein will not violate any privacy laws; and (vi) we are not responsible or liable to any third party for the privacy, content or accuracy of any User Content you submit to the Services. We will not be liable to you or third-party beneficiaries for any modification, suspension, or discontinuation of the Services, or the loss of any User Content.
We may train and use AI tools with user information and User Content for certain business purposes, such as to analyze videos and images uploaded by our users in order to improve our services and conduct research , to support communications with customers (such as a chatbot), to generate business content, and to provide more personalized experiences, but we don’t use AI tools in any manner that could be expected to negatively impact users in a material or unlawful manner.
You acknowledge that we are not responsible for User Content posted by our users. We do not pre-screen, monitor, review or edit the User Content, although we have the right (but not the obligation) at our sole discretion to refuse or remove any submission, in whole or part, that, in our sole judgment, does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such User Content. You agree to immediately notify us of any unauthorized use of the User Content, or any other breach of security or privacy known or suspected by you. Please exercise common sense and your best judgment when using our Services, including when you post User Content or any personal or other information, and when interacting with others.
You agree that we are free to use any feedback, ideas or suggestions (“Feedback”) that you provide to us with respect to the Services for any purposes whatsoever without any restriction, including developing and marketing new products, services and features without any liability or payment of any kind to you. You waive all intellectual property rights in any such Feedback.
Personal information collected by us in connection with the Services will be maintained in accordance with our posted Privacy Policy, which is incorporated by reference as if fully set forth herein and forms a material part of these Terms.
With respect to your User Content:
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the Services to human readable form or create derivative works based upon the Services or any part thereof; (b) disable any licensing or control features of the Services; (c) introduce into the Services any virus or other code or routine intended to disrupt or damage the Services, or alter, damage or delete any Materials , or retrieve or record information about the Services or its users; (d) merge the Services or Materials with another program or create derivative works based on the Services or Materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the Services or Materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the Materials or access to the Services to others; (g) use, or allow the use of, the Services or the Materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the Services.
Except as expressly provided herein, we and our third party licensors reserve all rights with respect to the Services, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations; (i) post violent, defamatory, indecent, sexually explicit, discriminatory, unlawful, infringing, hateful or other inappropriate photos or other content, including any posts intended for defaming, stalking, bullying, abusing, harassing, threatening, impersonating, harming, impersonating or intimidating people or entities; or (j) create, solicit, transmit, or procure the sending of, any unwanted, unsolicited or harassing comments or communications, including advertising or promotional material, without our prior written consent, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation. You may not access or use the Services by means of any automated program, expert system, electronic agent or “bot,” and shall not give any other person or entity unauthorized access to the Services. You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the Services if you do so for commercial purposes
If you elect to use fee-based portions of the Services, you may be required to pay a fee (“Fee”) on a one-time or subscription basis (“Subscription”). All amounts are in U.S. Dollars. We will notify you via email in advance of subscription renewals, and you can access your payment history in your Account or by contacting us. We may revise the Fees for our Services at any time, or impose additional fees or charges, in which case we will notify you by posting the change to our Services or by email. Fee changes will beeffective as of the next billing cycle. If you opt-in to a Subscription or other Fee-based Services, you (i) agree to pay us the applicable Fees in accordance with these Terms, (ii) authorize us, through our payment processor, to charge you via your provided payment method for the Fees, and (iii) agree to such payment(s). All Fees are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) other than taxes based on our income (collectively, “Taxes”). You will be responsible for paying all Taxes. All paid Services are offered on demand starting from the date of purchase (or as soon as the Fee is processed thereafter) for a specific timeframe. The timeframe for any purchased Services shall expire 3 years from purchase unless a shorter timeframe is specified.
All payments are subject to the terms of our third-party payment processor in addition to these Terms. We are not responsible for any payment processor errors or mistakes, but will reasonably attempt to address such issues if they arise. If we, through the payment processor, do not receive payment from you, you agree to pay all Fees upon request.
Subscription Fees are automatically charged on a recurring basis (i.e., auto-renewal). Unless you cancel or change your Subscription(s) in accordance with these Terms, your Subscription(s) will be automatically extended for successive renewal periods of the same duration as the Subscription(s) originally selected, at the then-posted Fees. YOU ACKNOWLEDGE AND AGREE THAT WE MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) FOR ANY SUBSCRIPTION YOU OPT INTO WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL WE RECEIVE PRIOR NOTICE THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE WE CAN REASONABLY ACT. YOU CAN TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD THROUGH THE SERVICES OR BY CONTACTING US. This does not waive our right to seek payment directly from you.
You must provide current, complete, and accurate information for your account, including billing details such as billing address, credit card number and credit card expiration date. You must promptly notify us if your payment method is canceled (e.g., for loss or theft) or if you become aware of a security issue.
Once initiated by you, payment obligations are non-refundable. Except as expressly set forth in these Terms or otherwise agreed-upon with us in writing, we do not issue refunds of any Fees for early cancellation or termination of the Services, or for any other reason. To the extent any return is required by applicable law for Fees paid, it will be provided in credits for paid portions of the Services. If you have a question or issue with the charges applicable to your account, please contact us immediately. You agree to notify us of any Fee dispute within thirty (30) days of it being due, and must cooperate with us in good faith to promptly resolve any such dispute. If the charges were made in error, we will credit your account or payment method for the appropriate amount. You agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
We respect the intellectual property rights of others, and we prohibit users of our Services from submitting, uploading, posting, or otherwise transmitting any materials that violate another person’s intellectual property rights or these Terms. For allegations of copyright infringement, please follow the instructions below; otherwise, you can report any issues to us via the contact information provided at the end of these terms. The remaining information in this section is provided exclusively for notifying us that your copyrighted material may have been infringed.
Pursuant to 17 U.S.C. 512(c)(2), written notification must be submitted in writing to the Designated Agent as follows:
Attn: Surgiyo DMCA Administrator
Subject: Notification of Claimed Infringement
By mail to: Surgiyo, 6775 Golden Gate Dr, Apt 437, Dublin, CA 94568
Or via email to: stanley.park.245@gmail.com
To be effective, the notification of copyright infringement must include the following: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
We grant you a limited, non-exclusive, non-sublicensable, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with these Terms (and if applicable, the governing terms of any business relationship you have with us). The Services contain Materials owned by (or licensed to) us, including names, logos, text, images, audio/visual works, icons, scripts, and other materials provided on or through the Services. Except as provided herein or with our express prior written permission, none of the information and materials provided by the services may be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work, or otherwise used for public or commercial purposes. Trademarks and service marks that may be referred to in the Services are the property of Surgiyo or their respective owners. Nothing in the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark without our written permission.
The Services may be supported by advertising revenue and may display advertisements and promotions, and you agree that we may place such advertising and promotions through the Services or on, about, or in conjunction with User Content. The manner, mode, and extent of such advertising and promotions are subject to change without specific notice. You acknowledge that we may not always identify promoted services or content, or commercial communications, as such.
The Services may contain links to third-party sites. Access to any other website or service referenced in the Services is at the user’s own risk, and we are not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on other sites. We provide these links merely as a convenience, and the inclusion of such links does not imply an endorsement, recommendation, or approval. The content, accuracy, opinions expressed, and other links provided by linked sites are not investigated, verified, monitored, or endorsed by us. If you decide to visit or transact business at any linked site, you do so at your own risk, and it is your responsibility to take all protective measures. The third-party sites are not controlled by us and may have different terms of use and privacy policies, which we encourage you to review.
We may maintain a presence on social media platforms such as LinkedIn, Facebook, and Twitter (collectively, “Social Media Platforms”) to provide a place for people to learn more about Surgiyo and to share experiences with our Services. All comments, visuals, and other materials posted by visitors to our social media platforms do not necessarily reflect the opinions or ideas of Surgiyo. All use of the social media platforms must comply with the respective social media platform’s terms of use. We may review some but not all postings to our accounts on social media platforms, and we may remove postings at our discretion, such as when we determine they are inappropriate or offensive.
YOUR USE OF THE SERVICES AND MATERIALS IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT A REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED ON THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS THROUGH USE OR DOWNLOADING MATERIAL FROM THE SERVICES. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DIRECT OR INDIRECT, ACTUAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY ARISE FROM THE SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, AND IN SUCH JURISDICTIONS OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
BY ACCESSING THE SERVICES, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
WE DO NOT ENDORSE, APPROVE, OR VERIFY ANY POSTED USER CONTENT ON THE SERVICES AND WE SHALL NOT BE RESPONSIBLE OR LIABLE WHATSOEVER IN ANY MANNER FOR ANY USER CONTENT POSTED ON THE SERVICES, INCLUDING CLAIMS OF INFRINGEMENT RELATING TO USER CONTENT POSTED ON THE SERVICES, FOR YOUR USE OF THE SERVICES, OR FOR THE CONDUCT OF THIRD PARTIES WHETHER ON THE SERVICES OR RELATING TO THE SERVICES.
We may update our Services and Materials from time to time, but they will not necessarily be complete or up-to-date. Although it is our intention for the Services to be available as much as possible, there may be occasions when the Services may be interrupted, including, without limitation, for scheduledmaintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We may remove any content from the Services for any reason, without prior notice. User Content removed from the Services may continue to be stored by us , including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order or similar legal process. If you are a consumer, the provisions in these Terms are intended to be only as broad and inclusive as is permitted by the laws of your state of residence. We reserve all rights, defenses and permissible limitations under the law of your state of residence.
You agree to indemnify us and hold us harmless from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorneys’ fees, resulting, whether directly or indirectly, from your violation of these Terms. You also agree to indemnify us and hold us harmless from and against any and all claims brought by third parties arising out of your use of the Services and the content you submit to the Services by any means, including without limitation through a posting, a link, reference to other content, or otherwise.
THE LAWS OF THE STATE OF CALIFORNIA WILL GOVERN THESE TERMS AND ANY DISPUTE RELATING TO THE SERVICES, WITHOUT GIVING EFFECT TO ANY PRINCIPLES OF CONFLICTS OF LAWS. EXCLUDING DISPUTES ADDRESSED THROUGH ARBITRATION AS PROVIDED BELOW, YOU AGREE TO SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT STATE AND FEDERAL COURTS LOCATED IN SAN JOSE, CALIFORNIA IN RELATION TO ANY CLAIM, DISPUTE OR DIFFERENCE ARISING FROM THESE TERMS, AND YOU AGREE TO WAIVE ANY RIGHT OF REMOVAL OR TRANSFER WHETHER DUE TO FORUM NON CONVENIENS OR OTHER REASON.
Excluding claims for injunctive or other equitable relief, for claims related to the Services, any dispute or controversy arising out of or relating to these Terms, including without limitation, any and all disputes, claims (whether in tort, contract, statutory or otherwise) or disagreements concerning the existence, breach, interpretation, application or termination of the Terms, shall be resolved by final and binding arbitration in accordance with the JAMS Inc. Comprehensive Arbitration Rules & Procedures then in effect. There shall be no right or authority for any claims to be arbitrated on a class action basis. The arbitration shall take place in San Jose, California or at the option of the party seeking relief, online, by telephone, online, via written submissions alone, or the complainant’s state of residence, and be administered by JAMS. The decision of the arbitrator will be final and binding on the parties. Judgment on any award(s) rendered by the arbitrator may be entered in any court having jurisdiction thereof. Nothing in this section shall prevent either party from seeking immediate injunctive relief from any court of competent jurisdiction, and any such request shall not be deemed incompatible with the agreement to arbitrate or a waiver of the right to arbitrate. The parties undertake to keep confidential all awards in their arbitration, together with all confidential information, all materials in the proceedings created for the purpose of the arbitration and all other documents produced by the other party in the proceedings and not otherwise in the public domain, save and to the extent that disclosure may be required of a party by legal duty, to protect or pursue a legal right or to enforce or challenge an award in legal proceedings before a court or other judicial authority.
WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AGREE THAT EACH PARTY TO A DISPUTE HEREUNDER MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY ANDNOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and we agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding.
The Services are controlled and operated from within the United States. We make no representation that the Services are appropriate or available for use in all jurisdictions. Access to any of the Services from jurisdictions where such access is illegal is strictly prohibited. If you choose to access the Services from such jurisdictions, you do so at your own risk. You are always responsible for your compliance with applicable laws.
We may, in our sole discretion and at any time, change or discontinue providing any part of the Services. We may impose or change fees for use of certain Services with fifteen (15) days’ advance notice of such change (or such longer notice as may be required by applicable law).
If you access our apps from a third party app store platform (e.g., Apple, Google) (“App Store”), your access and use of the apps will also be subject to that App Store’s terms (“App Store Terms”). For informational purposes, note that the App Store Terms generally provide that you agree or acknowledge as follows:
Please review your App Store Terms for additional relevant terms and conditions that may apply. We do not control your applicable App Store Terms, including their privacy policy and practices.
Except to the extent you are using the Services on behalf of an organization that has entered into a contractual relationship with us for these Services and the terms of that contractual relationship conflict with or otherwise supersede these Terms, you agree that (i) you have read and understood and agree to be bound by these Terms; (ii) these Terms, together with our posted Privacy Policy, which is incorporated herein by reference, constitute the complete and exclusive statement of the agreement between you and Surgiyo and supersede all other proposals or prior agreements, oral or written, and any other communications relating to the subject matter of these Terms.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES IN CONNECTION WITH ANY BINDING TERMS OR CONTRACTS IN CONNECTION WITH THE SERVICES. You hereby waive any rights or requirements under any applicable laws that require an original signature or delivery or retention of non-electronic records.
If any provision of these Terms is found unenforceable, it shall not affect the validity of the remainder of these Terms, which shall remain valid and enforceable according to its terms, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Surgiyo as a result of these Terms or your use of the Services.
Our Services are operated from the United States. Although the Services may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited (e.g., countries sanctioned under applicable law). Those who choose to access the Services from locations outside the United States do so on their own initiative and are responsible for compliance with United States and local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.
If you have any questions, concerns, or comments about these Terms or our Services, please contact us at contact@surgiyo.com.
These Terms were last updated June __, 2025.
