POST-OP INTELLIGENCE — TERMS OF USE, DATA CONSENT & LIABILITY WAIVER
Last updated: July 2026. Version 1.4.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING POST-OP INTELLIGENCE ("POI", "the Platform", "the Service", "we", "us", or "our"). BY CREATING AN ACCOUNT OR ACCESSING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, YOU MUST NOT USE THIS SERVICE.

1. NATURE OF THE SERVICE — NOT MEDICAL ADVICE

Post-Op Intelligence is a patient-reported outcome tracking and community data platform. THE SERVICE DOES NOT PROVIDE MEDICAL ADVICE AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE. The Service is provided for informational and general wellness purposes ONLY. Nothing contained within POI — including but not limited to data displays, community statistics, symptom comparisons, patient quotes, recovery timelines, or any other content on the Platform — constitutes, replaces, or should be construed as medical advice, medical diagnosis, clinical assessment, treatment recommendation, or the practice of medicine in any jurisdiction. POI is not a medical device, clinical tool, or regulated health product of any kind, and no content on the Platform has been reviewed or endorsed by a licensed physician.

Community data displayed on the Platform is self-reported by other users, has not been clinically verified, and reflects individual experiences only. It is not a prediction, guarantee, or clinical assessment of your own recovery. You must never delay seeking professional medical care, ignore advice from your healthcare provider, or make any clinical decision based on information obtained from this Platform.

In the event of a medical emergency, you must call 911 (United States) or the appropriate emergency services number for your jurisdiction immediately. Do not rely on POI in an emergency.

2. ASSUMPTION OF RISK AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. POST-OP INTELLIGENCE, ITS FOUNDERS, OPERATORS, OWNERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SUCCESSORS, ASSIGNS, AND AGENTS (COLLECTIVELY "THE POI PARTIES") SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF — OR INABILITY TO USE — THE SERVICE, INCLUDING BUT NOT LIMITED TO:

(a) Any reliance on community data, symptom comparisons, pain averages, recovery timelines, or any other aggregated or individual data displayed on the Platform;
(b) Any reliance on any automated, algorithmic, or system-generated feature of the Platform;
(c) Any delay in seeking, or failure to seek, professional medical evaluation or treatment;
(d) Any medical outcome, complication, deterioration, injury, illness, death, or harm of any nature, whether arising directly or indirectly from use of the Platform;
(e) Loss, corruption, or unauthorized access to data submitted through the Platform;
(f) Any inaccuracy, incompleteness, or error in data displayed on the Platform, including data contributed by other users;
(g) Any technical failure, service interruption, downtime, or discontinuation of the Service;
(h) Any action or inaction taken or not taken in reliance on the Platform's content, features, or community data.

THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR OTHERWISE) AND EVEN IF POI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, THE POI PARTIES' AGGREGATE LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT SHALL EXCEED FIFTY US DOLLARS ($50.00).

3. BINDING ARBITRATION AND WAIVER OF CLASS ACTION

BY AGREEING TO THESE TERMS, YOU EXPRESSLY WAIVE YOUR RIGHT TO FILE ANY LAWSUIT, LEGAL PROCEEDING, OR CLAIM AGAINST THE POI PARTIES IN ANY COURT OF LAW OR EQUITY. Any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Service, or any data submitted or displayed through the Platform shall be resolved exclusively through final and binding individual arbitration. You agree that you will not bring or participate in any class action, collective action, mass arbitration, or representative proceeding against POI. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. You and POI agree that any arbitration shall be conducted on an individual basis and not in a consolidated, class, or representative proceeding. No arbitrator shall have authority to consolidate more than one person's claims or to preside over any representative proceeding.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction solely to prevent irreparable harm pending arbitration, without waiving the right to arbitration on the merits.

4. DATA COLLECTION, STORAGE, AND ANONYMISATION

POI collects the following categories of data: (a) account credentials (email address and encrypted password); (b) self-reported health information including procedure type, procedure date, age range, sex at birth, pain and anxiety scores, symptoms, mood, mobility, medication use, and free-text descriptions; (c) device and session data for security and platform functionality.

All health data submitted to POI is processed through a HIPAA Safe Harbor de-identification process. The following 18 categories of direct identifiers are removed or never collected before health data is used in aggregate displays or shared with any third party: names, geographic subdivisions smaller than state, dates more specific than year (except age), telephone numbers, fax numbers, email addresses, Social Security numbers, medical record numbers, health plan beneficiary numbers, account numbers, certificate or license numbers, vehicle identifiers, device identifiers, URLs, IP addresses, biometric identifiers, full-face photographs, and any other unique identifying numbers or codes.

Your individual check-in entries are stored in encrypted form and are never displayed to other users in a manner that identifies you personally. Patient quotes displayed on the community data pages are anonymised and may be lightly paraphrased to prevent re-identification.

5. GDPR AND INTERNATIONAL DATA RIGHTS

If you are accessing POI from within the European Economic Area (EEA), United Kingdom, or any jurisdiction with comparable data protection legislation, the following additional rights apply to you under the General Data Protection Regulation (GDPR) or equivalent law with respect to your account credentials: the right of access (Article 15), the right to rectification (Article 16), the right to restriction of processing (Article 18), the right to data portability (Article 20), and the right to object to processing (Article 21). To exercise any of these rights, contact us at the address provided at the end of these Terms within 30 days of receipt of a verifiable request. As set out in Section 6 below, the right to erasure ("right to be forgotten," Article 17) is available only with respect to your account credentials; it does not extend to health data you have submitted, which becomes a permanent, irrevocable part of the Platform's dataset upon submission as a condition of your use of the Service.

The legal basis for processing your health data is your explicit consent as recorded by your acceptance of these Terms (GDPR Article 9(2)(a)). By providing this consent, you acknowledge and agree that it cannot be withdrawn with respect to health data you have already submitted; you may withdraw consent only on a going-forward basis by discontinuing further submissions to the Service.

6. DATA RETENTION AND DELETION

Your account credentials (email, encrypted password) are retained for as long as your account remains active and may be deleted upon request by emailing us with "ACCOUNT DELETION REQUEST" in the subject line; identifiable account credentials are removed within 30 days of a verified request. However, all health data, check-in entries, and other submissions made through the Platform — regardless of whether your account remains active or is later deleted — become a permanent part of POI's community and research dataset upon submission and CANNOT be withdrawn, retracted, or deleted at any time, for any reason. This is a material and non-negotiable term of the Service. By submitting any check-in, story, or other health data, you represent and warrant that the information is truthful and accurate to the best of your knowledge, and you agree that, in exchange for the value this Platform provides at no cost, your contribution to the dataset is irrevocable once made. Deleting your account terminates your ability to log in and removes your credentials; it does not remove, unlink, or alter any health data you have previously submitted.

7. RESEARCH USE, DATA LICENSING, AND DATA SHARING

By using POI and submitting check-in data, you consent to your anonymised, de-identified data being used and disclosed for the following purposes: (a) display within the POI community data browser to assist future patients; (b) aggregated medical research and patient outcome analysis; (c) licensing or sale to pharmaceutical companies, hospitals, healthcare systems, medical device manufacturers, academic institutions, and other commercial or research organisations, for purposes including but not limited to clinical research, product development, and analysis of patient recovery timelines and outcomes; (d) sharing with registered healthcare providers who subscribe to POI analytics services; (e) academic publication in de-identified, aggregated form.

POI's business model includes the licensing and sale of de-identified, aggregated patient outcome data as described in this Section. Data shared, licensed, or sold under this Section is provided only in de-identified, aggregate form consistent with the de-identification process described in Section 4 of these Terms. It is never sold or disclosed in raw or individual form, and never in any manner that identifies you personally.

8. EMAIL COMMUNICATIONS AND UNSUBSCRIBE

By creating an account, you consent to receive transactional emails from POI including account verification and important service updates. Transactional emails necessary for account security cannot be suppressed. We will never send promotional or unsolicited marketing emails.

9. DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. POI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POI MAKES NO WARRANTY REGARDING THE ACCURACY, COMPLETENESS, TIMELINESS, OR RELIABILITY OF ANY COMMUNITY DATA, AI RESPONSES, OR OTHER CONTENT DISPLAYED ON THE PLATFORM. COMMUNITY DATA IS SELF-REPORTED BY USERS AND HAS NOT BEEN CLINICALLY VERIFIED OR VALIDATED. YOU RELY ON SUCH DATA ENTIRELY AT YOUR OWN RISK.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the POI Parties from and against any and all claims, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your submission of false, inaccurate, or misleading data; (d) any third-party claim arising from your actions in connection with the Service.

11. USER CONDUCT AND PROHIBITED USE

You agree not to: (a) submit false, fabricated, or deliberately misleading health data; (b) use the Platform for any commercial purpose without written consent from POI; (c) attempt to reverse-engineer, scrape, copy, or extract data from the Platform; (d) attempt to identify, re-identify, or locate any other user from anonymised data; (e) use the Platform if you are under 13 years of age, or between the ages of 13 and 17 without the involvement of a parent or guardian; (f) use the Platform in any jurisdiction where doing so would be unlawful; (g) interfere with the security or integrity of the Platform or its data; (h) impersonate any person or entity, including other users, POI staff, or healthcare providers.

12. MODIFICATIONS TO TERMS

POI reserves the right to modify these Terms at any time. Material changes will be communicated to you via the email address associated with your account at least 14 days before they take effect. Continued use of the Service after the effective date of any modification constitutes your acceptance of the revised Terms. If you do not agree to modified Terms, you must discontinue use and delete your account. Non-material changes (such as formatting, grammar, or clarifications that do not alter your substantive rights) may take effect immediately upon posting.

13. GOVERNING LAW

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. Any legal proceeding not subject to arbitration under Section 3 shall be brought exclusively in the federal or state courts located in the State of Delaware, and you consent to personal jurisdiction in those courts.

14. FORCE MAJEURE

POI shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, government action, cyberattacks, third-party service outages, or internet infrastructure failures.

15. SEVERABILITY AND ENTIRE AGREEMENT

If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. These Terms, together with our Privacy Policy, constitute the entire agreement between you and POI with respect to your use of the Service and supersede all prior agreements, representations, and understandings. No oral representations or agreements shall modify these Terms.

16. NO WAIVER

POI's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorised representative of POI.

17. STATE AND JURISDICTION-SPECIFIC HEALTH DATA RIGHTS

Certain jurisdictions — including, without limitation, Washington State (My Health My Data Act) and other states with comparable consumer health data statutes — may grant residents specific, non-waivable rights with respect to health data, including rights of deletion, that these Terms cannot lawfully override. Nothing in Section 6 of these Terms is intended to, and shall not be construed to, waive, limit, or override any such non-waivable statutory right. Where a mandatory provision of applicable law grants you a right that conflicts with the general permanence of health data described in Section 6, POI will comply with that mandatory legal requirement to the extent it applies to you, notwithstanding Section 6. This Section does not expand any right beyond what is legally mandated in your jurisdiction, and the general rule that submitted health data is permanent and non-deletable, as set out in Section 6, continues to apply to all users except to the minimum extent a specific, non-waivable law requires otherwise.

18. NO PROFESSIONAL OR FIDUCIARY RELATIONSHIP

Your use of the Platform does not create a doctor-patient relationship, a therapist-client relationship, a fiduciary relationship, or any other professional relationship between you and POI, its founders, operators, or any other user. POI is not your healthcare provider. Any content, data, or communication you receive through the Platform — including from other users' self-reported experiences — is not personalized medical guidance and has not been evaluated for your individual circumstances.

19. CONTACT AND LEGAL NOTICES

Post-Op Intelligence · postopintelligence@gmail.com
For account credential requests, GDPR enquiries regarding your account, state-law data rights requests as described in Section 17, or legal notices, please email with the relevant subject line as specified in Section 6. Response time: up to 30 days for legal matters.