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Terms of Service


Effective date: 24 August 2026 Version 1

These terms are an agreement between you and SİMİCAD MEDİKAL TEKNOLOJİLER ANONİM ŞİRKETİ, Dudullu OSB Mah DES 2. Caddesi, 34776 Ümraniye/İstanbul ("SimiCAD", "we", "us"), covering your use of the AI-OSATS mobile application, the simicad.com website, and the analysis services they provide (together, the "Service").

By creating an account or using the Service, you agree to these terms. If you do not agree, do not use the Service.
 

1. What the Service is


AI-OSATS lets you record yourself performing a peg-transfer surgical-training exercise on a physical training board, uploads that recording to us, analyses it automatically, and returns a technique score and written feedback.

The Service is currently provided free of charge. We may introduce paid plans in future; if we do, we will tell you before any charge applies, and nothing you have already used will become retroactively billable.
 

2. NOT A MEDICAL DEVICE, AND NOT A CERTIFICATION


Read this section carefully. It is the most important one here.

  • AI-OSATS is an educational and training aid. It is not a medical device, it has not been cleared, approved or certified by any regulator (including the FDA, the EU MDR notified-body process, or the UK MHRA), and it must not be used for any diagnostic or clinical purpose.

  • Do not use the Service to record, assess, or make any decision about a real patient, a clinical procedure, or any live surgical intervention. The Service is for practice on an inanimate training board only.

  • Do not use the Service to make any clinical decision, or to decide whether any person is fit to perform any procedure on any patient.

  • The scores and feedback are produced by automated models that are imperfect and will sometimes be wrong. They are estimates of performance on a training exercise, not a measurement of surgical competence.

  • The Service is not a substitute for supervised training, formal assessment, a qualified instructor, or any credentialing process. It does not certify competence, and no result it produces should be presented as a qualification.

  • If you are using AI-OSATS as part of a training programme, the responsibility for assessment remains entirely with your institution and its qualified assessors.
     

3. Who may use it


You may use the Service only if you are 18 or older and able to enter a binding contract. The Service is aimed at surgical trainees, clinicians, students and educators.

You are responsible for:

  • Providing accurate account information and keeping it current.

  • Keeping your password and device secure. Everything done through your account is treated as done by you.

  • Telling us promptly at simicadsurgical@gmail.com if you believe your account has been used without your permission.

One account is for one person. Do not share your account.
 

4. Your recordings, and what you promise about them


You keep ownership of everything you record and upload ("Your Content").

You grant us a worldwide, non-exclusive, royalty-free licence to store, copy, transmit, process, analyse and display Your Content for the sole purpose of operating the Service and providing your results to you — plus, and only if you separately opt in, the additional purpose described in the Privacy Policy of improving our analysis models. That licence exists only so that we can run the Service; it ends when you delete the content, except for material you have consented to our retaining.

You promise that:

  • Your Content shows a training board, and contains no patient, no clinical procedure, and no patient-identifiable information of any kind.

  • You have the right to record and upload it.

  • You have the consent of any other identifiable person who appears or is audible in it.

  • Recording in your location — your lab, skills centre, hospital or classroom — is permitted by whoever controls it, and complies with that institution's policies.

  • It contains nothing unlawful, and nothing that infringes anyone's rights.

If you upload patient data in breach of this section, you are responsible for the consequences, and we may delete it and suspend your account immediately.
 

5. Acceptable use


Do not:

  • Use the Service for any unlawful purpose, or in breach of any professional or institutional obligation you have.

  • Upload anything you have no right to upload.

  • Attempt to access another user's account, recordings or results.

  • Reverse-engineer, decompile, extract, copy or redistribute our models, software or datasets, except to the extent that applicable law expressly permits despite this restriction.

  • Circumvent rate limits, security controls or app-integrity checks; automate access; or use the Service through anything other than our official apps.

  • Probe, scan, overload or interfere with the Service or its infrastructure.

  • Resell, sublicense, or provide the Service to third parties as your own.

We may suspend or terminate an account that breaches this section.
 

6. Our intellectual property


The Service — including the apps, the website, the analysis models, the scoring methodology and all associated software and documentation — belongs to SimiCAD and its licensors, and is protected by intellectual-property law. These terms grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service as intended, and nothing more. All rights not expressly granted are reserved.

"SimiCAD" and "AI-OSATS" and our logos are our marks; you may not use them without our written permission.
 

7. Privacy


Our handling of your personal data is governed by the Privacy Policy, which forms part of these terms. In summary: only you can see your own recordings and results; we do not sell your data; and you can delete your account and its data from within the app at any time.
 

8. Availability, changes, and your data

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  • The Service is provided on an "as available" basis. We do not guarantee uninterrupted availability, and we may change, suspend or discontinue any part of it.

  • We may impose limits on uploads, storage or processing (and currently do, to keep the Service affordable and available for everyone).

  • Keep your own copies of anything you need. We are not a backup service and do not guarantee that a recording will be recoverable.

  • If we discontinue the Service, we will make reasonable efforts to give you notice and an opportunity to export your data.
     

9. Ending the agreement


You may stop using the Service at any time, and may delete your account from Settings. Deletion is immediate and irreversible; what happens to your recordings is described in the Privacy Policy.

We may suspend or terminate your access if you breach these terms, if we are required to by law, or if continuing would expose us or other users to risk. We will give notice where it is reasonable and lawful to do so.

Sections 2, 4 (your promises), 6, 10, 11 and 13 survive termination.
 

10. Disclaimer of warranties


To the fullest extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

We specifically do not warrant that the Service will be uninterrupted, secure or error-free, or that any score, event count or piece of feedback it produces is accurate.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is so, the exclusions above apply only to the extent permitted, and nothing in these terms limits your non-excludable statutory rights as a consumer.
 

11. Limitation of liability


To the fullest extent permitted by law:

  • We are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost data, lost opportunities, or reputational harm.

  • We are not liable for any clinical outcome, patient harm, assessment decision, examination result, credentialing decision or career consequence arising from your use of the Service or from reliance on its output. The Service is a training aid; clinical and assessment judgement remain yours and your institution's.

  • Our total aggregate liability arising out of or relating to the Service is limited to the greater of the amount you paid us in the twelve months before the claim (which, while the Service is free, is zero) or USD 100.

Nothing in these terms excludes or limits liability that cannot lawfully be excluded — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that applicable law does not permit to be limited.
 

12. Indemnity


You agree to indemnify and hold harmless SimiCAD and its officers, employees and agents against any claim, loss, liability or expense (including reasonable legal fees) arising from your breach of these terms, your misuse of the Service, or your uploading of content you had no right to upload — in particular any content containing patient data.
 

13. Governing law and disputes


These terms are governed by the laws of Republic of Türkiye, without regard to its conflict-of-laws rules. The courts of Istanbul (Anadolu) Courts and Execution Offices (In Turkish: İstanbul Anadolu Mahkemeleri ve İcra Daireleri) have exclusive jurisdiction over any dispute, except that we may seek injunctive relief in any competent court.

If you are a consumer resident in the EEA or the UK, this clause does not deprive you of the protection of the mandatory laws of your country of residence, or of your right to bring proceedings there.
 

14. Third-party stores


If you obtained the app from the Apple App Store or Google Play, that store's own terms also apply to your download. Apple and Google are not parties to this agreement, are not responsible for the Service, and provide no warranty or support for it. Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you.
 

15. General

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  • Whole agreement. These terms and the Privacy Policy are the entire agreement between you and us about the Service.

  • Severability. If any provision is unenforceable, the rest stays in force.

  • No waiver. If we do not enforce a provision, we have not waived it.

  • Assignment. You may not assign these terms. We may assign them to a successor in connection with a merger, acquisition or sale of assets.

  • Changes. We may update these terms. When we do we will raise the version number and effective date above, and the app will ask you to review and accept the new version before you continue using it. Continuing to use the Service after acceptance means you agree to the updated terms.
     

16. Contact


SİMİCAD MEDİKAL TEKNOLOJİLER ANONİM ŞİRKETİ, Dudullu OSB Mah DES 2. Caddesi, 34776 Ümraniye/İstanbul, simicadsurgical@gmail.com

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