SurgeryPal Terms of Use

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These Terms of Use (“Terms”) govern your use of the SurgeryPal mobile application (“App”), which is provided by Seattle Children's Hospital (“Seattle Children’s,” “we,” or “us”). The App assists users with coping with surgery. By downloading, installing, accessing, or using the App, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, do not use the App.

1. No Services Provided – No Medical Care or Advice

The App provides information and strategies to help you cope with surgery. The content of the App, including without limitation, text, copy, audio, video, photographs, illustrations, graphics, and other visuals, are for informational purposes only and do not constitute professional medical advice, diagnosis, treatment, or recommendations of any kind by Seattle Children’s and it is not a medical device as defined by applicable law, including U.S. Food and Drug Administration regulations. Your healthcare provider will not have access to the information you have entered in this App. You understand that no information in the App will be included in or part of any medical record or clinical information system.

Use of the App does not create a patient-provider relationship and no part of the App should be relied upon as a substitute for professional medical advice, diagnosis, or treatment. Seattle Children’s makes no medical claims or guarantees and does not warrant that the App is suitable for any health-related, diagnostic, or therapeutic purpose.

Always seek the advice of a physician or other qualified healthcare provider concerning questions you have regarding a medical condition and before stopping, starting, or modifying any treatment or modification.

This App is not for medical emergencies or urgent situations. You should not disregard or delay to seek medical advice based on anything that appears or does not appear on the App. If you have a medical concern or are experiencing an emergency, contact a qualified healthcare provider or call 911 immediately.

2. Availability

These Terms apply only to individuals located in the United States. The App is not offered or intended for use by individuals located outside the United States, including residents of the European Union or European Economic Area.

3. Use

The App is made available solely for lawful, non-commercial use by individuals. By using the App, you agree to use it only as intended and in accordance with these Terms and the accompanying Privacy Policy, which sets forth how data is collected, used, stored, and disclosed.

Prohibited Uses: You may not use the App:

  • To diagnose or treat any medical or developmental condition;
  • In any manner that violates law or regulation;
  • To interfere with or disrupt the App’s security, functionality, integrity, or infrastructure;
  • To reverse-engineer, copy, or extract any part of the App or its content;
  • For any commercial or advertising purposes.

You agree not to use any device, software, or routine to interfere or attempt to interfere with the proper working of this App or any activity being conducted on this App.

4. Ownership Of The App And Related Materials; Additional Restrictions

All pages within this App and any material made available for download are the property of Seattle Children’s or its licensors or suppliers, as applicable. The App is protected by United States and international copyright and trademark laws.

Subject to these Terms, Seattle Children’s grants you a revocable, nontransferable (except as provided below), personal, nonexclusive license to use the object code version of the App. All rights not expressly granted to you in these Terms are reserved and retained by Seattle Children’s or its licensors, suppliers, publishers, rights holders, or other content providers. Neither the App, nor any part of the App, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without Seattle Children’s express written consent. You may not use any meta tags or any other “hidden text” utilizing Seattle Children’s name or trademarks without Seattle Children’s express written consent. The content of the App, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this App may not be copied, distributed, modified, reproduced, published, or used, in whole or in part, except for purposes authorized or approved in writing by Seattle Children’s. You may not frame or utilize framing techniques to enclose, or deep link to, any name, trademarks, service marks, logo, content, or other proprietary information (including, without limitation, images, text, page layout, or form) of Seattle Children’s without Seattle Children’s express written consent.

5. Users Under 13 Years Old and Parental Consent

Seattle Children’s is a nonprofit corporation and is not subject to the Children’s Online Privacy Protection Act (COPPA). With parental consent, our App may collect information from children under 13 years of age. The App is designed for use by minors, including children under 13 years of age. For children under 13 years of age, the App may only be used with the active supervision and consent of a parent or legal guardian. To access or use the App, a parent or guardian must:

  • Be located in the United States;
  • Ensure appropriate supervision during all App use by the child.

The App does not collect personal identifiers such as names or precise birth dates. By using the App or installing it on mobile device in the possession of a child, you represent and warrant that you are a user over the age of 13 or are the child’s parent or legal guardian,that you have legal authority to provide consent, you agree to supervise all App use by the child under 13, you consent to the App’s collection and processing of you or your child’s behavioral data, and that you understand this information is processed in compliance with applicable law and our Privacy Policy.

If we learn we have collected or received Personal Data from a child under 13 without parental consent, we will delete that information. If you believe we may have collected information from a child under 13 without parental consent, please contact us at [email protected].

6. Data Collection and Privacy

Your use of the App is subject to our Privacy Policy, which explains what information is collected, how it is used, and under what circumstances it may be disclosed. By using the App, you agree to the terms of the Privacy Policy and acknowledge that you have read and understood it.

As further described in our Privacy Policy, the App may collect usage data, such as mobile device type, model, operating system, and operating system version, and your activity as you navigate through and interact with the App. Such data may be disclosued to our third party service provider 2morrow, Inc.

7. Intellectual Property

The App and all content, features, and functionality (including but not limited to software, design, algorithms, text, images, video, and other materials) are owned by Seattle Children’s or its licensors and are protected by United States and international intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to use the App solely for its intended, lawful purposes, subject to these Terms. You may not:

  • Copy, reproduce, modify, or create derivative works based on the App or its content;
  • Decompile, reverse-engineer, or attempt to extract the App’s source code or design;
  • Sell, rent, lease, sublicense, or otherwise distribute or exploit the App;
  • Use the App or its content for any commercial purpose or unauthorized purpose.

All rights not expressly granted in these Terms are reserved by Seattle Children’s. Use of the App does not grant you any ownership rights in the App or any intellectual property therein.

Certain features of the App may reference or display content from third-party sources. All such content is used under appropriate licenses or permissions. Users may not copy, reproduce, or distribute third-party content unless expressly permitted by the rights holder.

Seattle Children’s may delete any information provided by you that it deems in its sole discretion fraudulent, abusive, defamatory, obscene, or in violation of copyright, trademark, or other intellectual property or ownership right of any other person or entity.

8. Disclaimer of Warranties

THIS APP, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY APP-RELATED SERVICE, IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (I) WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR TITLE; (II) WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET YOUR EXPECTATIONS; AND (III) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR VALIDITY OF ANY INFORMATION OR RESULTS OBTAINED THROUGH THE APP.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SEATTLE CHILDREN’S AND ITS OFFICERS, TRUSTEES, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO: (I) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE APP; (II) ANY ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, OR PERFORMANCE FAILURES; (III) THE LOSS, CORRUPTION, OR MISUSE OF ANY DATA; AND (IV) YOUR RELIANCE ON THE APP FOR ANY MEDICAL OR DIAGNOSTIC PURPOSE. THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED IN CONTRACT, TORT, NEGLIGENCE, WARRANTY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

TO THE EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE APP SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID TO USE THE APP, WHICHEVER IS LESS.

Some jurisdictions may not allow certain liability limitations. If applicable law limits the scope of this section, it will apply to the maximum extent permitted.

10. Indemnification

You agree to indemnify, defend, and hold harmless Seattle Children’s and its officers, trustees, directors, employees, agents, affiliates, successors, assigns licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) your violation of these Terms or any applicable law or regulation; (ii) your misuse of the App or its features; (iii) any data, content, or feedback you submit through the App; (iv) your failure to supervise a child’s use of the App in accordance with these Terms.

This obligation will survive termination of your use of the App and remains enforceable for any claims related to your conduct during use.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Washington, without regard to its conflict of laws principles.

You agree that any legal action or proceeding arising out of or relating to your use of the App or these Terms shall be brought exclusively in the state or federal courts located in King County, Washington. You waive any objection to such jurisdiction or venue, including claims of inconvenient forum.

Use of the App is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including this section.

12. App Support; Functionality

All questions and requests relating to App support must be directed to Seattle Children’s. To submit a support request, please email us at [email protected]. The App Store Operators are not responsible for providing support for the App and may not be contacted for support. Please note that we may change or remove functionality and other features of the App at any time, without notice.

13. Revisions; General 

Seattle Children’s reserves the right, in its sole discretion, to terminate your access to all or part of this App, with or without cause, and with or without notice. In the event that any of the Terms are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. These Terms constitute the entire agreement between Seattle Children’s and you pertaining to the subject matter hereof. For purposes of these Terms, (a) the words “include,” “includes,” and “including” are deemed to be followed by the words "without limitation"; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto,” and “hereunder” refer to these Terms as a whole.

Copyright/Trademark Information. Copyright ©2020 Seattle Children's Hospital. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the App are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

14. How to Contact Us

Mailing Address:

Seattle Children's Research Institute
Attn: Tonya Palermo, M/S CURE-3
PO Box 5371
Seattle, WA 98145-5005

Email: [email protected]

Last updated: April 9, 2026