End User License Agreement

1. Parties

This Agreement is between you ("User," "you," or "your") and SurgiSnap LLC, a Connecticut limited liability company ("SurgiSnap," "we," "us," or "our"). SurgiSnap LLC is the licensor of the App. For the avoidance of doubt, Apple Inc. and Google LLC are not parties to this Agreement and have no obligation to furnish maintenance or support services for the App.

2. License Grant

Subject to your compliance with this Agreement, SurgiSnap grants you a limited, non-exclusive, non-transferable, revocable license to install and use the App on devices that you own or control, solely for your personal, professional record-keeping purposes as a surgical trainee or practicing surgeon.

This license does not permit you to:

• Copy, modify, adapt, translate, or create derivative works of the App or any portion of it
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the App
• Sublicense, sell, rent, lease, lend, or distribute the App to any third party
• Remove, alter, or obscure any copyright, trademark, or proprietary notices in the App
• Use the App for any unlawful purpose or in violation of any applicable law or regulation
• Use the App to develop a competing product or service
• Circumvent, disable, or otherwise interfere with security-related features of the App, including biometric authentication, encryption, or subscription entitlement controls
• Use automated tools, scripts, bots, or scrapers to access or interact with the App

3. Not a Medical Device — For Record-Keeping Only

Specifically:

• No clinical decisions should be made based on any output of this App. CPT codes, diagnoses, procedure classifications, ACGME credit attributions, and any other structured data generated or suggested by the App's AI extraction pipeline are produced for logging and administrative convenience only. They do not constitute medical advice, billing guidance, or coding recommendations and must not be used to direct patient care or clinical decision-making.
• The App's AI extraction may contain errors. The underlying AI model (currently GPT-4o, subject to change) can misread, misclassify, omit, or hallucinate information. AI-suggested CPT codes may be incorrect, incomplete, or inappropriate for the actual procedure performed. You are solely and exclusively responsible for reviewing and verifying all AI-extracted data before relying on it, saving it to your case log, or submitting it to any institution, board, regulatory body, or payer.
• SurgiSnap has not been reviewed, cleared, or approved by the U.S. Food and Drug Administration (FDA) or any other regulatory authority as a medical device or software as a medical device (SaMD).
• SurgiSnap does not provide CPT coding advice for billing purposes. CPT codes suggested by the AI extraction are informational references only. If you use SurgiSnap data for billing, you are solely responsible for verifying code accuracy against current AMA CPT guidelines and payer requirements.

4. Not a Primary Medical Record System

SurgiSnap is not an Electronic Health Record (EHR), not a Hospital Information System (HIS), and not a legal medical record system of any kind.

• Case data logged in SurgiSnap does not constitute an official medical record and must not be treated as one.
• Your institution's designated EHR system is the authoritative legal medical record for any patient encounter.
• You must not use SurgiSnap as the sole or primary documentation for any clinical encounter, surgical procedure, or patient interaction.
• SurgiSnap is a personal professional tool. It is intended to supplement, not replace, institutional documentation systems.

5. Patient Data and Your Responsibilities

SurgiSnap is designed so that patient-identifying information need not be entered into the App to use its core features. The AI extraction pipeline processes operative note text to extract procedure details, CPT codes, and clinical fields, not patient identifiers.

However, SurgiSnap provides optional fields for patient MRN and patient initials to allow you to cross-reference your case log with institutional records. If you choose to enter patient-identifying information:

• That data is stored exclusively on your device in the AES-256 encrypted vault and is never transmitted to any server, API, or third party.
• You are solely responsible for ensuring that your use of the App complies with your institution's policies regarding the storage of patient information on personal devices.
• You are solely responsible for the physical security of your device. If your device is lost, stolen, or accessed by unauthorized persons, SurgiSnap's encryption and biometric protections provide a strong defense, but no security measure is absolute.

SurgiSnap strongly recommends:

• Cropping or obscuring direct patient identifiers (names, SSNs, dates of birth) before photographing operative notes
• Entering MRNs and initials only after the AI extraction step, not as part of the photographed document
• Using the Emergency Erase feature before disposing of, selling, or transferring your device

6. HIPAA and Institutional Compliance

SurgiSnap operates under HIPAA Business Associate Agreements (BAAs) with its service providers:

• OpenAI: BAA in place. Zero Data Retention provisioned. API inputs and outputs are not stored or used for model training.
• Google Cloud Platform (Firebase): BAA in place. Covers Firebase Authentication, Cloud Functions, Crashlytics, and App Check.

However:

• SurgiSnap does not make your use of this App automatically compliant with HIPAA, your institution's policies, or any other regulatory requirement. The existence of BAAs between SurgiSnap and its service providers addresses SurgiSnap's obligations as a business associate, but does not relieve you of your own obligations as a covered individual or workforce member of a covered entity.
• You are solely responsible for determining whether your institution permits the use of third-party applications to process operative note content, and for complying with any applicable policies, procedures, or approvals required by your employer, residency or fellowship program, hospital system, or credentialing body.
• You assume full responsibility for any decision to photograph, import, or transmit operative note content through this App.
• SurgiSnap is not a covered entity under HIPAA. SurgiSnap is a personal professional tool used by individual clinicians for their own career documentation.

7. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, RELIABILITY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, SURGISNAP DOES NOT WARRANT THAT:

• THE APP WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR FREE OF BUGS, VIRUSES, OR OTHER HARMFUL COMPONENTS
• AI-EXTRACTED DATA (INCLUDING CPT CODES, DIAGNOSES, PROCEDURE NAMES, ACGME CREDIT CLASSIFICATIONS, OR SPECIALTY-SPECIFIC FIELDS) WILL BE ACCURATE, COMPLETE, OR APPROPRIATE FOR ANY PARTICULAR USE
• THE APP WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS
• THE APP WILL BE COMPATIBLE WITH ANY PARTICULAR DEVICE, OPERATING SYSTEM VERSION, OR INSTITUTIONAL SYSTEM
• DATA STORED IN THE ON-DEVICE ENCRYPTED VAULT WILL BE PRESERVED IN THE EVENT OF DEVICE FAILURE, LOSS, THEFT, OR OPERATING SYSTEM UPDATE

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

8.1

IN NO EVENT SHALL SURGISNAP LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND REGARDLESS OF WHETHER SURGISNAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2

WITHOUT LIMITING THE FOREGOING, SURGISNAP SHALL NOT BE LIABLE FOR:

• Errors, inaccuracies, or omissions in AI-extracted CPT codes, procedure names, diagnoses, ACGME credit classifications, or any other structured data
• Data loss, including loss of case log data due to device failure, theft, loss, accidental deletion, Emergency Erase, encryption key destruction, operating system update, or any other cause
• Any adverse clinical outcome, patient harm, or malpractice claim arising from reliance on any output of the App
• Any regulatory sanction, board action, ACGME citation, billing audit, payer recoupment, or institutional consequence arising from the use of App-generated data
• Any breach of your institution's policies, HIPAA, or any other law or regulation arising from your use of the App
• Any unauthorized access to data stored on your device
• Any interruption, suspension, or discontinuation of the App or any feature thereof

8.3 Maximum Aggregate Liability

TO THE EXTENT LIABILITY CANNOT BE FULLY DISCLAIMED UNDER APPLICABLE LAW, SURGISNAP'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE LESSER OF: (A) THE AMOUNT YOU ACTUALLY PAID TO SURGISNAP FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless SurgiSnap LLC and its members, managers, officers, employees, contractors, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in any way connected with:

• Your use of the App
• Your violation of this Agreement
• Your violation of any applicable law, regulation, institutional policy, or third-party right
• Any claim that data you entered, stored, or exported through the App caused harm to a third party
• Any claim arising from your reliance on AI-extracted data without adequate verification
• Any claim arising from your failure to comply with your institution's policies regarding the use of third-party applications

10. Subscriptions and Payments

10.1 Subscription Required

Certain features of the App require an active paid subscription. The scope of features available under free and paid tiers is disclosed within the App.

10.2 Free Trial

SurgiSnap may offer a free trial period. Trial terms (duration, case limits, and feature scope) are disclosed at the point of trial activation. When a trial ends, continued access to subscription features requires a paid subscription.

10.3 Billing

All subscription billing is handled exclusively by Apple (via the App Store) or Google (via Google Play). SurgiSnap does not collect, process, or store your payment information. Subscription pricing, billing cycles, and renewal terms are disclosed at the point of purchase.

10.4 Auto-Renewal

Subscriptions automatically renew unless auto-renewal is turned off at least 24 hours before the end of the current billing period, in accordance with Apple App Store or Google Play Store policies.

10.5 Cancellation

You may cancel your subscription at any time through your Apple App Store or Google Play Store account settings. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused portions of a billing period.

10.6 Refunds

Refund requests are handled by Apple or Google in accordance with their respective refund policies. SurgiSnap does not process refunds directly.

10.7 Subscription Management Service

SurgiSnap uses RevenueCat to manage subscription entitlements. RevenueCat receives an anonymous user identifier and subscription status. RevenueCat does not receive your name, email, payment details, or any case data.

11. Privacy

Your use of the App is also governed by SurgiSnap's Privacy Policy, available at https://www.surgisnap.io/privacy-policy, which is incorporated into this Agreement by reference. By using the App, you acknowledge that you have read and understood the Privacy Policy and agree to the collection and use of data as described therein.

12. Intellectual Property

12.1 Ownership

The App — including its source code, object code, architecture, design, user interface, AI prompts, CPT mapping logic, ACGME credit classification engines, specialty-specific extraction schemas, documentation, and all related materials — is the exclusive property of SurgiSnap LLC and is protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

12.2 No Transfer

This Agreement does not grant you any ownership interest in the App or any rights to SurgiSnap's intellectual property except for the limited license described in Section 2.

12.3 Feedback

If you provide suggestions, ideas, or feedback regarding the App, you grant SurgiSnap a perpetual, irrevocable, royalty-free, worldwide license to use, modify, and incorporate such feedback into the App or other products without obligation to you.

12.4 Trademarks

"SurgiSnap" and the SurgiSnap logo are trademarks of SurgiSnap LLC. You may not use these marks without prior written permission.

13. Third-Party Terms

13.1 App Store Terms

Your use of the App is also subject to the terms of service of the platform from which you downloaded the App (Apple App Store Terms of Service or Google Play Terms of Service, as applicable). In the event of any conflict between this Agreement and the applicable app store terms, the app store terms shall prevail to the extent of such conflict, but only as required by the app store operator.

13.2 Apple-Specific Terms

If you downloaded the App from the Apple App Store, the following additional terms apply:

• This Agreement is between you and SurgiSnap LLC, not Apple. Apple has no obligation to furnish maintenance or support services for the App.
• Apple has no warranty obligation for the App. If the App fails to conform to any applicable warranty, you may notify Apple and Apple will refund the purchase price (if any). Apple has no other warranty obligation with respect to the App.
• Apple is not responsible for addressing any claims by you or any third party relating to the App, including product liability claims, regulatory compliance claims, or intellectual property claims.
• Apple and its subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance, Apple has the right to enforce this Agreement against you as a third-party beneficiary.

13.3 Google-Specific Terms

If you downloaded the App from Google Play, your use is also subject to the Google Play Terms of Service.

14. Updates and Changes to the App

SurgiSnap may release updates to the App from time to time. Updates may change functionality, add or remove features, modify the AI extraction pipeline (including changing the underlying AI model), or alter the user interface. SurgiSnap is not obligated to maintain any particular feature, behavior, or level of AI extraction accuracy. Continued use of the App after an update constitutes acceptance of any changes to the App's functionality.

15. Service Availability

SurgiSnap is designed to function primarily as an on-device application. Core features (case viewing, editing, ACGME tracking, and export) function without an internet connection. AI-powered operative note extraction requires an active internet connection.

SurgiSnap does not guarantee uninterrupted availability of cloud-dependent features (AI extraction, subscription verification). Cloud services may be temporarily unavailable due to maintenance, outages, or circumstances beyond SurgiSnap's control. SurgiSnap shall not be liable for any loss or inconvenience caused by service interruptions.

16. Termination

16.1 Term

This Agreement is effective from the date you first download, install, or use the App and continues until terminated.

16.2 Termination by You

You may terminate this Agreement at any time by uninstalling the App from all devices. If you wish to ensure complete data destruction, use the Emergency Erase feature before uninstalling.

16.3 Termination by SurgiSnap

SurgiSnap may terminate or suspend your license immediately and without notice if you violate any provision of this Agreement, or if SurgiSnap discontinues the App.

16.4 Effect of Termination

Upon termination, your license to use the App is revoked. You must cease all use and uninstall the App. Termination does not affect case data already stored on your device (which remains in the encrypted vault until you delete it or uninstall the App).

16.5 Survival

Sections 3, 4, 5, 6, 7, 8, 9, 12, and 17 survive termination of this Agreement.

17. Governing Law and Dispute Resolution

17.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws principles.

17.2 Jurisdiction

Any dispute arising out of or relating to this Agreement or the App shall be resolved exclusively in the state or federal courts located in the State of Connecticut, and you consent to the personal jurisdiction of such courts.

17.3 Waiver of Jury Trial

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT.

17.4 No Class Actions

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY DISPUTE RESOLUTION PROCEEDING SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS PART OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18. General Provisions

18.1 Severability

If any provision of this Agreement is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from this Agreement. The remaining provisions shall remain in full force and effect.

18.2 Waiver

The failure of SurgiSnap to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.

18.3 Assignment

You may not assign or transfer this Agreement or your rights hereunder without SurgiSnap's prior written consent. SurgiSnap may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of substantially all of its assets.

18.4 Entire Agreement

This Agreement, together with the Privacy Policy at https://www.surgisnap.io/privacy-policy, constitutes the entire agreement between you and SurgiSnap LLC with respect to the App and supersedes all prior or contemporaneous agreements, representations, warranties, and understandings, whether written or oral.

18.5 Headings

Section headings are for convenience only and do not affect the interpretation of this Agreement.

18.6 Force Majeure

SurgiSnap shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including natural disasters, war, terrorism, pandemic, government action, power failure, internet disruption, or third-party service outages.

19. Changes to This Agreement

SurgiSnap may update this Agreement from time to time. If material changes are made, we will update the Effective Date and Last Updated date above and notify you within the App. Continued use of the App after notification of material changes constitutes your acceptance of the revised Agreement. If you do not agree to the revised terms, you must stop using the App and uninstall it.

20. Contact

For questions about this Agreement: