Surgeon Terms of Service

Last updated: 2026-05-29 · Entity: SurgiPrice, Inc. (Delaware) · Brand: SurgiQuality

These Surgeon Terms of Service ("Terms") govern your access to and use of the SurgiQuality platform, the SurgiConnect mobile application, and related services (collectively, the "Services") provided by SurgiPrice, Inc., a Delaware corporation operating under the brand names SurgiQuality and SurgiConnect (the "Company," "we," "us," or "our").

By creating a SurgiQuality surgeon Profile, subscribing to SurgiQuality Accelerate, or otherwise using the Services as a surgeon, you ("Surgeon," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the Services.

1. Eligibility and Account

1.1 Who can use the Services

Only physicians who hold an active, unrestricted license to practice medicine in at least one U.S. state, possess a valid National Provider Identifier ("NPI"), and have not been excluded from any federal healthcare program (Medicare, Medicaid, etc.) are eligible to register as a Surgeon.

1.2 Verification

You authorize the Company to verify your NPI against the NPPES registry, your state license against state medical board records, and your federal-program eligibility against the HHS-OIG List of Excluded Individuals/Entities (LEIE). You agree to inform us within ten (10) business days of any change to your license status, NPI status, board certifications, or federal-program eligibility.

1.3 Account security

You are responsible for safeguarding your account credentials and for all activity under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

1.4 One account per Surgeon

You may not maintain multiple Surgeon accounts. Practice groups, residency programs, and institutional users should contact us for enterprise arrangements.

2. Subscription Tiers

2.1 Profile (no-cost tier)

A Profile provides a verified surgeon listing on the SurgiQuality platform with access to the SurgiConnect mobile application, case matching by specialty, no-cost credentialing facilitation, and other features the Company offers from time to time. Profile is currently offered at no cost. The Company reserves the right to introduce fees for Profile features upon thirty (30) days’ written notice.

2.2 Accelerate (paid tier)

Accelerate is a paid subscription that provides outcomes-based scoring, risk-adjusted performance measurement, patient-facing star ratings, quarterly outcomes refresh, and other features described on the SurgiQuality website. Accelerate is offered in two billing cycles:

• Quarterly: $885.00 USD billed every three months
• Annual: $3,000.00 USD billed once per year

Pricing is subject to change upon thirty (30) days’ written notice; existing subscribers will continue at their current rate through the end of their current billing period and may renew at the new rate thereafter.

2.3 What the subscription pays for

The Accelerate subscription is consideration solely for outcomes measurement, validation, and publication services. The subscription does not purchase, guarantee, or generate patient referrals. See Section 6 below.

3. Payment, Billing, Cancellation

3.1 Payment processing

Payments are processed by Stripe, Inc. on behalf of SurgiPrice, Inc. You agree to Stripe’s terms of service in addition to these Terms.

3.2 Recurring billing

Subscriptions renew automatically at the end of each billing period using your saved payment method. By subscribing, you authorize SurgiPrice, Inc. to charge that payment method on each renewal date.

3.3 Cancellation

You may cancel your subscription at any time through the SurgiQuality Customer Portal. Cancellation takes effect at the end of your current billing period (three months for Quarterly subscribers; twelve months for Annual subscribers). You will continue to receive Accelerate features through the end of the period for which you have paid.

3.4 Refunds

All subscription fees are non-refundable. Cancellation does not entitle you to a refund of any prepaid portion of the current billing period. Annual subscriptions, once paid, are non-refundable for the entire 12-month term, with the exception of refunds required by applicable law.

3.5 Failed payments

If a renewal payment fails, the Company will attempt to recover payment using Stripe’s standard dunning process (typically four attempts over fifteen days). If recovery fails, your subscription will be paused; published outcomes scoring will be hidden; and the account will transition to Profile-only access until payment is restored.

3.6 Taxes

You are responsible for any sales, use, or value-added taxes applicable to your subscription. The Company does not currently collect such taxes; if regulatory requirements change, the Company will give thirty (30) days’ notice before adding tax collection.

4. Surgeon Content and Outcomes Data

4.1 What you provide

You may upload or otherwise provide professional content to the Services, including operative reports, outcomes data, case logs, curriculum vitae, photographs, and other materials (collectively, "Surgeon Content").

4.2 Your representations about Surgeon Content

You represent that Surgeon Content (a) is truthful, accurate, and not misleading; (b) does not include any individually identifying patient information except as permitted under a current Business Associate Agreement ("BAA") with the Company; (c) does not infringe any third party’s intellectual property, privacy, or contractual rights; and (d) was lawfully obtained and is lawfully disclosable to the Company under your existing agreements with your employer, hospital, and patients.

4.3 De-identification

Any operative reports or clinical content you upload that contains Protected Health Information ("PHI") will be processed through the Company’s de-identification pipeline before any outcomes derived from that content are published to patient-facing surfaces.

4.4 License to Surgeon Content

You grant the Company a non-exclusive, royalty-free, worldwide license to host, store, process, de-identify, analyze, derive outcomes scores from, and publish in aggregated or de-identified form, Surgeon Content provided to the Services. The Company does not claim ownership of your underlying Surgeon Content.

4.5 Outcomes scoring methodology

Outcomes scores are derived by the Company using risk-adjusted methodology described on the SurgiQuality website. The Company will publish the methodology in summary form and will not unilaterally change methodology in a way that materially disadvantages an active Accelerate subscriber without thirty (30) days’ notice.

4.6 Human-in-the-loop review

You acknowledge that the Company uses automated analysis combined with human review of clinical outlier cases. You may be asked to provide disposition (e.g., "complicated case," "data error," "true outlier") on individual cases through the SurgiQuality portal. Dispositions affect published scoring; the Company will provide reasonable opportunity to respond before publishing any outlier-affected score.

4.7 Marketplace opt-out

You may opt out of marketplace inclusion on a per-CPT basis through the SurgiQuality portal. Opting out removes you from patient-facing search and matching for those CPT codes but does not delete your published outcomes.

5. Patient Data, HIPAA, and BAA

5.1 Business Associate Agreement (incorporated)

If you provide any Protected Health Information ("PHI") to the Services, a Business Associate Agreement ("BAA") between you (or your covered entity) and the Company is in effect. The BAA is incorporated into and forms part of these Terms, and is presented and accepted as part of the SurgiConnect app onboarding flow. You do not need to sign a separate BAA document — your acceptance of the in-app agreement constitutes your acceptance of the BAA.

The BAA defines the permitted uses and disclosures of PHI, security safeguards, breach notification obligations, and termination provisions consistent with 45 C.F.R. Part 164 (HIPAA Privacy and Security Rules). A copy of the BAA is available within the SurgiConnect app under Settings → Legal → Business Associate Agreement, and may be downloaded for your records.

5.2 Patient relationship

The Company is not a healthcare provider, does not establish a physician-patient relationship with any user of the Services, and does not provide medical care, diagnosis, or treatment. Your professional medical judgment remains with you.

5.3 No directing care

Nothing in these Terms or the Services directs the practice of medicine. The Company does not interfere with your independent professional judgment in caring for any patient.

6. Anti-Kickback Statute Compliance — No Referral Guarantee

This Section is material and intended to satisfy the personal services safe harbor under the federal Anti-Kickback Statute, 42 U.S.C. § 1320a-7b(b)(3)(B), and 42 C.F.R. § 1001.952(d).

6.1 No referral arrangement

The Services are NOT a patient-referral arrangement. The Company does not promise, guarantee, or sell patient referrals; does not pay anyone to refer patients to SurgiQuality Surgeons; and does not pay you to participate.

6.2 Subscription fee is for services rendered

Accelerate subscription fees are consideration solely for the outcomes measurement, validation, and publication services described in these Terms, valued at fair market value for those services, and set in advance at the prices stated in Section 2.2.

6.3 No volume- or value-based compensation

No portion of the subscription fee varies with, or is conditioned upon, the volume or value of any patient referrals, surgical cases, claims, or business generated between you and any other person or entity (including patients, employer health plans, insurance carriers, or third-party referral sources).

6.4 Patient choice

Patients who use the Services select their own surgeons based on transparent, risk-adjusted published outcomes and the surgeon’s listed credentials. The Company does not direct patients to specific surgeons. Visibility on the platform reflects published outcomes — not subscription level — except that Accelerate subscribers receive risk-adjusted scoring and other features as described.

6.5 Stark Law

Where Stark Law (42 U.S.C. § 1395nn) may apply, you and the Company will cooperate in good faith to structure the relationship to fit within an applicable Stark exception. The Company does not provide a referral source for designated health services.

7. Acceptable Use

You will not, and will not authorize any other person to:

• Misrepresent your identity, credentials, license status, or outcomes
• Upload Surgeon Content containing PHI without an active BAA
• Use the Services to direct, generate, or solicit patient referrals from third parties in exchange for any consideration
• Attempt to reverse-engineer the outcomes scoring methodology beyond the summary the Company publishes
• Use the Services in violation of any applicable law, regulation, or professional code of conduct
• Interfere with the Services or attempt to gain unauthorized access to any account or system
• Use the Services to discriminate among patients on any basis prohibited by law

Violation may result in suspension or termination of your account.

8. Intellectual Property

8.1 Company IP

The Services, including the SurgiQuality platform, the SurgiConnect application, outcomes scoring methodology, software, documentation, and all related trademarks (including SurgiQuality®, SurgiConnect, and SurgiPrice), are owned by SurgiPrice, Inc. and are protected by U.S. and international intellectual property laws. The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services in accordance with these Terms.

8.2 Your name and image

You grant the Company a non-exclusive, worldwide, royalty-free license to display your name, professional credentials, photograph (if you upload one), practice information, and outcomes scores on the SurgiQuality platform and in related marketing materials, subject to your right to remove your Profile or marketplace participation as provided in these Terms.

8.3 Feedback

Any feedback, suggestions, or ideas you provide to the Company about the Services may be used by the Company without restriction and without obligation to you.

9. Disclaimers

9.1 As-is

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

9.2 No medical advice

The Services are an outcomes-measurement and surgeon-discovery platform. The Services do not provide medical advice, diagnosis, or treatment. Outcomes scores are statistical summaries and are not a substitute for professional medical judgment.

9.3 No guarantee of business outcomes

The Company does not warrant that participation in the Services will result in any particular number of patient inquiries, cases, revenue, or business outcomes.

10. Limitation of Liability

10.1 Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID THE COMPANY IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10.2 Excluded damages

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST PATIENTS, REPUTATIONAL HARM, OR DATA LOSS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.3 Carve-out

The limitations in this Section do not apply to a party’s indemnification obligations, breaches of confidentiality, or willful misconduct.

11. Indemnification

11.1 Surgeon indemnifies Company

You will defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any third-party claim arising out of (a) your breach of these Terms, (b) the truthfulness or accuracy of Surgeon Content you provide, (c) your violation of any applicable law or regulation, or (d) your delivery of medical care.

11.2 Company indemnifies Surgeon

The Company will defend, indemnify, and hold harmless the Surgeon from and against any third-party claim alleging that the Services, as provided by the Company and used in accordance with these Terms, infringe a U.S. patent, copyright, or trademark.

12. Term and Termination

12.1 Term

These Terms begin when you create an account and continue until terminated.

12.2 Termination by you

You may terminate by canceling your subscription (if any) and closing your account through the Customer Portal or by emailing [email protected].

12.3 Termination by Company

The Company may suspend or terminate your account at any time for material breach of these Terms, loss of license eligibility, federal-program exclusion, or for any other reason upon thirty (30) days’ notice.

12.4 Effect of termination

• Your Profile and any published outcomes scores will be removed from patient-facing surfaces within thirty (30) days
• Surgeon Content will be retained for ninety (90) days following termination in case of reactivation, then deleted (except as required by law or as needed for the Company’s own legal compliance)
• Sections 4.4 (license to use de-identified data), 6 (AKS Compliance), 8 (IP), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Dispute Resolution), and 14 (Miscellaneous) survive termination

13. Dispute Resolution

13.1 Informal resolution

Before filing any formal claim, you agree to contact [email protected] and attempt good-faith resolution for at least thirty (30) days.

13.2 Arbitration

Any dispute that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be held in Wilmington, Delaware (or remotely if the parties agree). The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.

13.3 No class actions

You agree to resolve disputes individually and waive any right to participate in a class action, class arbitration, or representative proceeding.

13.4 Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

13.5 Exceptions

Either party may seek emergency injunctive relief in a state or federal court located in Delaware for matters involving intellectual property, confidentiality, or unauthorized access.

14. Miscellaneous

14.1 Entire agreement

These Terms (together with any active BAA, Stripe payment terms, and any addenda you separately sign with the Company) constitute the entire agreement between you and the Company regarding the Services and supersede any prior agreements on the same subject.

14.2 Changes to Terms

The Company may modify these Terms by posting a revised version at surgiquality.com/terms/ and emailing the address on your account. Material changes will be effective thirty (30) days after notice; continued use of the Services after that date constitutes acceptance. If you do not accept a material change, you may cancel your subscription as described in Section 3.

14.3 No assignment

You may not assign these Terms without the Company’s written consent. The Company may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets.

14.4 No agency

Nothing in these Terms creates an employment, partnership, joint venture, agency, or franchise relationship between you and the Company. You are an independent professional.

14.5 Severability

If any provision is held unenforceable, the remaining provisions will continue in effect.

14.6 No waiver

A party’s failure to enforce any provision is not a waiver of that provision or any other provision.

14.7 Force majeure

Neither party is liable for delays caused by events beyond its reasonable control.

14.8 Notices

Notices to the Company must be sent to:

SurgiPrice, Inc.
15005 Shady Grove Road, Suite 350
Rockville, MD 20850
Email: [email protected]

Notices to you will be sent to the email address on your account.

Contact

Questions about these Terms?

[email protected]
SurgiPrice, Inc.
15005 Shady Grove Road, Suite 350
Rockville, MD 20850