Terms of Service

These Terms of Use (“Terms”), which includes an agreement to arbitrate and consent to electronic
communications, govern your access to and use of services provided by Surgistream, LLC (“Surgistream”,
“we”, “us”, or “our”), including the Surgistream website located at [www.surgistream.com], the
Surgistream mobile application, and the associated surgery scheduling services provided by Surgistream
(collectively, the “Services”). Please read these Terms carefully before using the Services. By accessing or
using the Services you agree to be bound by these Terms.

YOU AGREE THAT DISPUTES BETWEEN YOU AND SURGISTREAM WILL BE RESOLVED BY BINDING,
INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE DISPUTE RESOLUTION PROCESS DESCRIBED IN
SECTION 11 BELOW. YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A
PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Updates to the Terms
We may modify these Terms from time to time. We will notify you of material changes by posting the
amended terms on our website and the mobile application at least thirty (30) days before the effective
date of the changes. If you do not agree with the proposed changes, you should discontinue your use of
the Services before the effective date of the changes. If you continue using the Services after the
effective date, you will be bound by the updated Terms.

2. Account Registration and Security
You may use the Services only if you are 18 years or older and are involved in the surgical scheduling
process in some manner for the purposes of coordinating or organizing a surgical schedule. It is
important that you provide us with accurate and complete information for your account, and update as
needed. You are responsible for protecting your account username and password, and for all activities
that occur under your account. You should immediately notify us of any unauthorized use of your
account. You should use particular caution when accessing your account from a public or shared
computer so that others are not able to view or record your password or other personal information.
We will not be responsible for any loss or damage if you do not protect your account or your personal
information.

3. Acknowledgement of Fees
Certain account types require payment of a monthly fee after an initial free trial period as detailed
within the application. Credit card information will be stored through our third party credit card
processing partners using appropriate security encryption. We will not be responsible for any loss or
damage resulting from the fraudulent use of credit card data. Users will have the option to designate
manual or automatic recurring monthly payments using their credit card within the application.

4. Service Use Termination
You may terminate your use of the Services at any time by not using the Services any more. If you wish
to terminate your membership, you can do so by logging into your account and selecting “cancel
membership” or contacting us via email at appspport@surgistream.com. If you terminate your
membership, your membership will remain active until the end of your then-current membership
period. We may terminate your use of the Services at any time by sending notice to you at the email

address you provided or otherwise contacting you or posting a notice on the Services. If we terminate
your use of the Services because you have breached these Terms or any other agreement you have
entered into with us, you will not be entitled to any refund. We are not required to provide you with
notice prior to terminating your use of the Services or a reason for such termination. If we terminate
your access to the Services other than due to your breach of these Terms or any other agreement you
have entered into with us, you will be entitled to a pro rata refund of any fees that you paid for the
remainder of your membership period, unless otherwise specified within the application based on
membership type.

5. Use of the Services
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable,
non-sublicensable license to use the Services solely for your professional and non-commercial purposes.
Your use of the Services must be in accordance with all applicable laws. You acknowledge that you do
not acquire any ownership rights in the Services.

The following is a list of the type of actions that you may not engage in with respect to the Services:

You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to download, access, retrieve, index, “data mine”, or in any way
reproduce or circumvent, avoid, bypass, remove, or deactivate the navigational structure or technical measures or presentation of the Services or its contents;
You will not interfere, access, tamper with or disrupt the Services or the servers or networks connected to the Services;
You will not attempt to probe, scan or test the vulnerability of the Services or any of our systems or network or breach any security or authentication measures;
You will not use any meta tags or other hidden text or metadata utilizing our trademarks, logos,
URLs or product names without our express written consent;
You will not use the Services or content, or any portion thereof, for any commercial purpose or in any manner not permitted by these Terms;
You will not post, distribute, or reproduce in any way any content that infringes third party intellectual property rights or violates third party rights of privacy or rights of publicity;
You will not use, display, “frame” or “mirror” any part of the Services, our names, any of our trademarks, logos or other proprietary information, or the layout and design of any page or form contained on a page, without prior written authorization from us; and
You will not collect or store any personal information, including personally identifiable information, from users without their express permission.

6. Consent to Electronic Communications
You agree that Surgistream may send the following to you by email or by posting them on our website
and mobile application: legal disclosures; these Terms; Privacy Policy; future changes to any of the
foregoing; and other notices, policies, communications or disclosures and information related to the Services. You agree that Surgistream may contact you via email, phone, text, or mail regarding your Surgistream membership or the Services. You consent to receive such communications electronically. You agree to update your contact information to ensure accuracy. Your consent to conduct actions

electronically covers all interactions between you and Surgistream. If you later decide that you do not want to receive certain future communications electronically, please send an email to appsupport@surgistream.com You may also opt out of certain electronic
communications through your account or by following the unsubscribe instructions in any communication you receive from Surgistream. Your withdrawal of consent will be effective within a reasonable time after we receive your withdrawal notice described above.

Surgistream will need to send you certain communications electronically regarding the Services. You will not be able to opt out of those communications – e.g., communications regarding updates to the Terms or information about billing. Your withdrawal of consent will not affect the legal validity or enforceability of the Terms provided to and accepted by, you. If you withdraw your consent to receive
communications electronically, certain Services may become unavailable to you.

7. Intellectual Property Rights
Surgistream and our licensors retain all ownership rights, title and interest (including all intellectual
property rights) worldwide to the Services, including to all software and content. No rights are granted
to you other than as expressly set forth in these Terms. All trademarks, service marks and trade names
are owned by Surgistream or other respective owners.

8. Disclaimers
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, UNDER NO CIRCUMSTANCES WILL WE OR ANY OF
OUR LICENSORS, AFFILIATES, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE’S USE OF OR
INABILITY TO USE THE SERVICES, OR RESULTING FROM ANY CONTENT POSTED ON THE SERVICES.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, AND WE AND OUR LICENSORS DISCLAIM ALL
WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND
WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE.
YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. FURTHERMORE, WE AND OUR LICENSORS
DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS
WILL BE CORRECTED. WE DO NOT WARRANT THAT FILES AVAILABLE FOR DOWNLOAD WILL BE FREE OF
VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING. ANY MATERIAL
OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK,
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM ANY SUCH MATERIAL. WE MAKE NO WARRANTY REGARDING THE QUALITY,
ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.
Any information that may be posted on the Services is for informational purposes only and is not
intended to replace or substitute for any medical or other advice. To the maximum extent not
prohibited by law, we make no representations or warranties and expressly disclaim any and all liability

concerning any treatment, action by, or effect on any person following the general information offered
or provided within or through the Services. If you have specific concerns or a situation arises in which
you require medical advice, you should consult with an appropriately trained and qualified medical
services provider.
The Services are intended for use only within the United States and its territories. We make no
representation that the Services are appropriate, or are available for use outside the U.S. Those who
choose to access and use our Services from outside the U.S. do so on their own initiative, at their own
risk, and are responsible for compliance with applicable laws.

9. Limitation of Liability
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL WE AND OUR AFFILIATES,
LICENSORS, EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS BE LIABLE FOR ANY CONSEQUENTIAL,
EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE
RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION,
COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, ARISING
OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE
SERVICES, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL
THEORY AND EVEN IF WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE
MAXIMUM EXTENT NOT PROHIBITED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY
CONTAINED HEREIN, OUR LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY
TO USE THE SERVICES WILL AT ALL TIMES BE LIMITED TO THE GREATER OF $100.00 OR THE AMOUNTS
PAID BY YOU TO US FOR ACCESS TO AND USE OF SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE
ABOVE EXCLUSION MAY NOT APPLY TO YOU.

10. Exclusive Remedy
If you are dissatisfied with the Services, your sole and exclusive remedy is to stop using the Services and
cancel your account (if applicable).

11. Dispute Resolution
Agreement to Arbitrate
You agree that any dispute, claim or controversy arising out of or relating to these Terms or the
(collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right:
(i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in
a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or
violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights
(the action described in the foregoing clause (ii), an “IP Protection Action”).
By agreeing to these terms, you will be deemed to have knowingly and intentionally waived your right to
litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction
and venue of any IP Protection Action will be the state and federal courts located in Las Vegas, Nevada
and each of the parties hereto waives any objection to jurisdiction and venue in such courts. You
acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff
or class member in any purported class action or representative proceeding. Further, unless you

otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may
not otherwise preside over any form of any class or representative proceeding. If a decision is issued
stating that applicable law precludes enforcement of any limitations set forth in this Agreement to
Arbitrate on the right to arbitrate claims on a class or representative basis, or as part of a consolidated
proceeding, as to a given claim for relief, then that claim (and only that claim) must be severed from the
arbitration and brought in the state or federal courts located in Las Vegas, Nevada All other claims will
be arbitrated. This “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with
the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes
(the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules
are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal
Arbitration Act will govern the interpretation and enforcement of this Section.

Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written Demand for
Arbitration as specified in the AAA Rules. AAA provides a general forms for a Demand for Arbitration.
The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected
by the parties from the AAA’s roster of arbitrators. If the parties are unable to agree upon an arbitrator
within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator
in accordance with the AAA Rules.

Arbitration Location and Procedure
Unless you agree with us otherwise, the arbitration will be conducted in the county where you reside. If
your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the
documents that are submitted to the arbitrator, unless you request a hearing or the arbitrator
determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be
determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a
reasonable exchange of information by the parties, consistent with the expedited nature of the
arbitration.

Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s
decision will include the essential findings and conclusions upon which the arbitrator based the award.
Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The
arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability” section
above as to the types and amounts of damages for which a party may be held liable. The arbitrator may
award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to
provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be
entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

12. Links to Third Party Websites

The Services may contain links to other sites that are owned and operated by third parties. We are not
responsible for the privacy and services practices or the content, advertising, products, services or other
materials made available on or through any such linked sites. We provide these links to you only as a
convenience, and the inclusion of any link does not imply endorsement of any kind by us.

13. General Provisions
These Terms make up the entire agreement relating to your use of the Services, and supersede
all prior agreements relating to the subject matter hereof.

These Terms will be governed by the laws of the State of Nevada without regard to its conflict of
laws provisions.

We may change, suspend, or discontinue any of the Services at any time. We will try to give you
prior notice of any material changes to the Services. We will not be liable to you or to any third
party for any modification, suspension or discontinuance of the Services.

These Terms do not confer any third-party beneficiary rights. You may not transfer any of your
rights or obligations under these Terms to anyone else without our consent. Surgistream may
assign our rights in connection with a merger, acquisition, or sale of assets, or by operation of
law or otherwise.

We appreciate your feedback, suggestions, and other communications (collectively, “Feedback”)
about the Services. You should know that we can, but are not obligated to, use your Feedback
without restriction or any obligation to compensate you, and we have no obligation to keep
them confidential.

Even after termination, these Terms will remain in effect such that all terms that by their nature
may survive termination will be deemed to survive such termination.

In order to protect the integrity of the Services, we may, at any time in our sole discretion, block
users from certain IP addresses from accessing the Services.

If you have any questions about these Terms, please contact appsupport@surgistream.com.