1. Acceptance of Terms

By accessing or using the MyPreOp.ai platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Service. These Terms constitute a legally binding agreement between you and MyPreOp.ai ("Company," "we," "us," or "our").

2. Service Description

MyPreOp.ai provides an AI-powered pre-operative medical clearance assistance platform designed for licensed healthcare providers, surgical coordinators, and authorized medical professionals. The Service analyzes patient medical data and generates clearance assessments to support — not replace — clinical decision-making.

IMPORTANT: The Service is a clinical decision support tool. All AI-generated analyses must be reviewed by a qualified healthcare provider. MyPreOp.ai does not provide medical advice, diagnoses, or treatment recommendations. The treating physician retains full responsibility for all clinical decisions.

3. Eligibility and Account Requirements

To use the Service, you must:

Be a licensed healthcare provider, surgical coordinator, or authorized medical professional
Provide accurate registration information including a valid NPI number (recommended)
Execute the Business Associate Agreement (BAA) at time of registration
Consent to the de-identified data analytics policy described in Section 8
Maintain the confidentiality of your account credentials
Be at least 18 years of age

You are responsible for all activities conducted under your account. Notify us immediately at support@mypreop.ai if you suspect unauthorized access.

4. Subscription and Payment

The Service is offered on a subscription basis. Plans, pricing, and features are described on our Pricing page. By subscribing, you authorize recurring charges through Stripe at the applicable rate.

Subscriptions renew automatically each billing cycle unless cancelled
You may cancel at any time; access continues through the end of the current billing period
30-day money-back guarantee: If you are not satisfied with the Service, we will refund your full first payment (monthly fee or annual prepayment, as applicable) when you request a refund by email to dennis@mypreop.ai within 30 days of your first charge. Refunds are processed within 5 business days to the original payment method. After the 30-day window, no refunds are issued; you may cancel your subscription at any time and retain access through the end of the current billing period.
We reserve the right to modify pricing with 30 days' written notice

5. HIPAA Compliance and Business Associate Agreement

As a platform that processes Protected Health Information (PHI) on behalf of covered entities, we operate as a Business Associate under HIPAA. Our obligations are defined in the BAA executed at account registration, which includes:

Compliance with the HIPAA Privacy Rule, Security Rule, and Breach Notification Rule
Implementation of administrative, physical, and technical safeguards
Use and disclosure of PHI only as permitted under the BAA and HIPAA
Prompt notification (within 60 days) in the event of a breach of unsecured PHI
Cooperation with covered entities to fulfill individual rights requests

6. User Responsibilities

As a user of the Service, you agree to:

Use the Service only for lawful purposes and in compliance with all applicable healthcare regulations
Ensure you have proper authorization to input patient data into the Service
Obtain any required patient consents for processing their health information through third-party platforms as required by your jurisdiction
Review all AI-generated analyses before making clinical decisions
Not share account credentials with unauthorized individuals
Not attempt to reverse-engineer, decompile, or circumvent any security measures of the Service
Not use the Service for any purpose other than pre-operative medical clearance support

7. AI-Generated Content Disclaimer

The pre-operative clearance analyses generated by the Service are produced using artificial intelligence and are intended to assist — not replace — the professional judgment of qualified healthcare providers. The Company makes no warranties regarding the accuracy, completeness, or clinical applicability of any AI-generated analysis.

You acknowledge and agree that:

AI-generated analyses may contain errors, omissions, or inaccuracies
The treating physician bears full responsibility for clinical decisions
The Service does not create a doctor-patient relationship between MyPreOp.ai and any patient
The Service is not a substitute for physical examination, in-person consultation, or independent clinical evaluation

8. De-Identified Data Analytics

By creating an account and providing consent at registration, you agree that the Company may create de-identified versions of patient data processed through the Service for healthcare research and analytics purposes.

8.1 De-Identification Standard

All de-identification is performed in compliance with the HIPAA Safe Harbor method (45 CFR § 164.514(b)(2)). All 18 categories of HIPAA identifiers are removed or generalized through automated processes. Once properly de-identified, this data is no longer Protected Health Information under HIPAA and may be used without restriction under federal law.

8.2 Safeguards Against Re-Identification

The Company implements the following safeguards:

No direct or indirect link is maintained between de-identified records and source PHI
De-identified records are assigned random UUIDs unrelated to original patient or user identifiers
Age data is grouped into 5-year ranges (with 90+ aggregation per Safe Harbor requirements)
Geographic data is limited to state-level or 3-digit ZIP code prefix
Dates are reduced to year-month granularity only
The Company does not attempt to, and contractually prohibits data recipients from attempting to, re-identify any individual from de-identified data

8.3 Permitted Uses

De-identified data may be used for:

Internal quality improvement and AI model enhancement
Aggregate healthcare analytics and statistical reporting
Publication of research findings (in aggregate form only)
Licensed access by qualified healthcare researchers, academic institutions, pharmaceutical companies, and medical device manufacturers under data use agreements that prohibit re-identification

8.4 Revenue Sharing

The Company retains all revenue generated from de-identified data products. As de-identified data is not PHI and cannot be attributed to any individual patient or provider, no revenue sharing obligation exists.

8.5 Withdrawal of Consent

You may withdraw consent for future de-identification of data processed through your account by contacting support@mypreop.ai. Upon withdrawal: (a) no new de-identified records will be created from data you process, and (b) previously created de-identified records cannot be recalled or deleted because they contain no information linking them to your account or any specific patient.

8.6 Usage Analytics and Session Recording

The Company also collects usage analytics and may record anonymized interaction sessions on non-clinical pages of the Service (separate from the de-identified patient data analytics described above). For details on what is recorded, what is excluded, and how to opt out, see our Privacy Policy.

9. Intellectual Property

The Service, including its software, algorithms, AI models, user interface, documentation, and all related intellectual property, is owned by MyPreOp.ai. Your subscription grants a limited, non-exclusive, non-transferable license to use the Service during the term of your subscription.

De-identified datasets created by the Company are the property of the Company. You retain ownership of all original patient data you input into the Service.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR CLINICAL OUTCOMES, ARISING FROM YOUR USE OF THE SERVICE.

THE COMPANY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

THE COMPANY IS NOT LIABLE FOR ANY CLINICAL DECISIONS MADE BASED ON AI-GENERATED ANALYSES. THE TREATING PHYSICIAN ASSUMES ALL RESPONSIBILITY FOR PATIENT CARE.

11. Indemnification

You agree to indemnify, defend, and hold harmless MyPreOp.ai and its officers, directors, employees, and agents from any claims, damages, liabilities, or expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any clinical decisions made based on Service outputs.

12. Termination

Either party may terminate these Terms at any time. You may cancel your subscription through your account settings or by contacting support. We may suspend or terminate your access if you violate these Terms or engage in conduct that threatens the security or integrity of the Service.

Upon termination: (a) your access to the Service will cease; (b) PHI associated with your account will be retained for 30 days then permanently deleted; (c) de-identified data previously created will be retained per Section 8.

13. Dispute Resolution

Any disputes arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in Miami, Florida. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles. Federal laws including HIPAA and the HITECH Act apply to the extent they govern protected health information.

15. Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via email at least 30 days before the effective date. Continued use of the Service after the effective date constitutes acceptance. If you do not agree to the modified Terms, you must discontinue use and cancel your subscription.

16. Severability

If any provision of these Terms is held to be unenforceable, the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent.

17. Contact Information

For questions about these Terms:

MyPreOp.ai
Email: support@mypreop.ai