Terms of service.


Effective Date: May 24, 2025
Last Updated: May 24, 2025

Welcome to PostSurgy, Inc. ("PostSurgy," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website located at www.postsurgy.com (the "Site"), our web-based and mobile applications, any application programming interfaces (APIs), and any related features, products, content, and services (collectively, the "Services"). These Terms constitute a legally binding agreement between you and PostSurgy. If you do not agree to these Terms, you may not use the Services.

1. Eligibility

By accessing or using the Services, you represent and warrant that you are at least 18 years old (or the age of majority in your jurisdiction), and you possess the legal authority to enter into these Terms. If you are using the Services on behalf of an organization, including a healthcare provider, hospital, clinic, or medical group ("Organization"), you represent and warrant that you are authorized to bind that Organization to these Terms. You are solely responsible for ensuring that all users accessing the Services through your account comply with these Terms.

2. Scope of Services

PostSurgy offers a cloud-based platform designed to assist healthcare providers in the delivery, monitoring, and management of care before and after surgical procedures. The platform includes the following core components:

  • Automated scheduling and task workflows based on surgical timelines;

  • Secure messaging and alert capabilities for patient communications;

  • Monitoring and logging of patient-reported symptoms and recovery data;

  • Provider dashboards and escalation tools to triage care;

  • Integration with third-party electronic health record (EHR) and practice management systems where available and authorized.

PostSurgy does not provide clinical services, medical diagnoses, or treatment advice. All clinical interactions, decisions, and patient care remain the sole responsibility of licensed medical professionals. Use of the Services does not create a provider-patient relationship between PostSurgy and any patient.

3. Account Registration and Security

To access certain features of the Services, you must register for an account. You agree to:

  • Provide true, accurate, and complete registration information;

  • Maintain and promptly update your account information;

  • Protect the confidentiality of your account credentials;

  • Notify us immediately of any unauthorized use of your account.

You are responsible for all activity under your account, including the actions of your authorized users or any third parties who gain access through your negligence or failure to maintain proper access controls.

4. Acceptable Use

You agree to use the Services solely for lawful and authorized purposes. You shall not:

  • Use the Services in violation of any applicable law, regulation, or professional standard, including the Health Insurance Portability and Accountability Act ("HIPAA");

  • Transmit or upload any content that infringes upon the intellectual property or privacy rights of any individual or entity;

  • Interfere with or disrupt the operation of the Services, servers, or networks connected to the Services;

  • Circumvent or attempt to circumvent any access or use restrictions, data encryption, or security mechanisms;

  • Attempt to gain unauthorized access to the Services, other accounts, or computer systems;

  • Use the Services to send spam, phishing content, or any other unauthorized marketing communication.

Violations of this section may result in immediate suspension or termination of access, and we reserve the right to pursue legal remedies.

5. Data Privacy and Compliance

PostSurgy acts as a Business Associate under HIPAA when handling Protected Health Information ("PHI") on behalf of Covered Entities (e.g., healthcare providers). Our data practices are governed by our Privacy Policy and Business Associate Agreements ("BAAs") executed with healthcare customers. We:

  • Maintain administrative, physical, and technical safeguards to protect PHI in accordance with the HIPAA Security Rule;

  • Limit access to PHI based on job roles and least-privilege principles;

  • Monitor data access and maintain audit trails for PHI activity;

  • Require all downstream vendors handling PHI to execute HIPAA-compliant BAAs.

You are responsible for ensuring you have obtained all necessary patient authorizations and consents required under applicable laws prior to transmitting PHI through the Services. PostSurgy disclaims any liability arising from a user’s failure to comply with HIPAA or applicable privacy laws.

6. Intellectual Property

All intellectual property rights in the Services, including software code, architecture, user interfaces, text, images, trademarks, and documentation, are owned by PostSurgy or its licensors. Subject to your compliance with these Terms, PostSurgy grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes.

You may not:

  • Copy, modify, distribute, or publicly display any portion of the Services;

  • Reverse engineer, decompile, or attempt to extract the source code of the Services;

  • Remove any proprietary notices or branding;

  • Use any data mining, robots, or similar data gathering or extraction methods without our written consent.

7. Third-Party Tools and Integrations

The Services may include integrations with third-party systems such as EHRs, telehealth platforms, or communication APIs. We are not responsible for the privacy, security, availability, or functionality of third-party tools. Any data shared with third-party tools is subject to their privacy practices, and we recommend you review those policies prior to use.

8. Service Availability and Maintenance

While we strive to ensure continuous availability of the Services, we do not guarantee that the Services will be available at all times. Access may be interrupted for maintenance, upgrades, or other operational reasons. We will make reasonable efforts to notify customers in advance of scheduled downtime.

We are not liable for service interruptions or delays caused by force majeure events, third-party outages, or user hardware, software, or connectivity issues.

9. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POSTSURGY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO REPRESENTATIONS OR GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. CLINICAL DECISIONS BASED ON DATA PROVIDED BY POSTSURGY ARE MADE AT THE SOLE DISCRETION OF LICENSED MEDICAL PROFESSIONALS.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POSTSURGY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL POSTSURGY’S AGGREGATE LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU TO POSTSURGY FOR THE SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE FORM OF ACTION AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

11. Indemnification

You agree to defend, indemnify, and hold harmless PostSurgy, its affiliates, officers, directors, employees, agents, and contractors from and against all claims, damages, losses, liabilities, and expenses (including attorneys’ fees) arising from:

  • Your access to or use of the Services;

  • Your breach of these Terms;

  • Your violation of any applicable law or regulation;

  • Any data, including PHI, submitted by you or your authorized users;

  • Any disputes between you and third parties, including patients.

12. Termination

PostSurgy may suspend or terminate your access to the Services at any time, with or without cause, upon written notice. Termination may occur due to violations of these Terms, inactivity, regulatory concerns, or security threats.

Upon termination:

  • Your right to use the Services immediately ceases;

  • PostSurgy will delete or return PHI in accordance with our BAA and applicable laws;

  • Sections regarding indemnification, limitations of liability, intellectual property, and dispute resolution shall survive termination.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be resolved through binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration will be conducted in [Insert City/State], and judgment may be entered in any court of competent jurisdiction.

You waive any right to participate in class action lawsuits or class-wide arbitration.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes through email or the platform dashboard. Continued use of the Services after changes become effective constitutes your acceptance of the updated Terms.

15. Contact Information

For legal inquiries, please contact:

PostSurgy, Inc.
Email: legal@postsurgy.com

These Terms are intended to mitigate legal exposure for PostSurgy while ensuring that customers understand their rights, responsibilities, and limitations associated with use of the platform. We encourage all customers to review these Terms with their legal counsel.