Terms of Service
These Terms of Service ("Terms") govern your access to and use of the PreOpClear platform ("Service"). PreOpClear is operated by Perioperative Solutions LLC ("we", "us"). By accessing or using the Service, you agree to these Terms.
1. The Service
PreOpClear, operated by Perioperative Solutions LLC, provides a pre-operative patient intake platform that conducts structured screening conversations with patients via SMS and presents results to clinical staff at contracted surgical facilities. The Service is intended for use by licensed healthcare facilities and the patients they refer. Public business identity and SMS consent details are available at preopclear.net/sms-consent.html.
2. Not medical advice
PreOpClear is a data-collection and risk-surfacing tool. It does not provide medical advice, diagnosis, treatment, or clinical decision-making. All clinical decisions remain the responsibility of the patient's healthcare providers. The Service is designed to assist clinicians, not replace them.
3. Patient use (SMS program)
If you are a patient receiving messages from PreOpClear, the following apply:
- You received messages from PreOpClear, operated by Perioperative Solutions LLC, because your surgical facility scheduled a procedure for you and enrolled you in SMS-based pre-operative intake with your signed consent.
- Messages are for your pre-operative intake, identity verification, medication instructions, and related reminders. They are not advertisements.
- Expected frequency: typically 3–8 messages in the 10 days preceding surgery.
- Reply STOP at any time to unsubscribe immediately. Reply HELP for support information.
- Message and data rates may apply depending on your mobile plan.
- The complete SMS consent workflow, Call to Action, and written consent disclosure are published at preopclear.net/sms-consent.html.
- Your responses will be reviewed by authorized clinical staff at your facility and may affect your pre-operative instructions. If you have clinical concerns, please contact your facility or physician directly — do not rely on SMS for urgent matters. For emergencies, call 911.
4. Facility use
If your organization uses PreOpClear as a facility, your access and obligations are governed by the separate Master Services Agreement and Business Associate Agreement ("BAA") executed between PreOpClear and your organization. In the event of any conflict between these Terms and that agreement, the agreement controls for your organization.
5. Acceptable use
- Do not use the Service to send unsolicited messages or to contact anyone who has not consented.
- Do not attempt to access the Service by any means other than the interface PreOpClear provides.
- Do not attempt to probe, scan, or test the vulnerability of the Service, or to breach security or authentication measures.
- Do not upload content that infringes on the rights of others or violates any law.
6. Intellectual property
The Service, including its software, interfaces, clinical protocols, and copy, is the property of PreOpClear and is protected by copyright, trademark, and other laws. Nothing in these Terms transfers ownership of the Service to you.
7. No warranty
The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. PreOpClear does not warrant that the Service will be uninterrupted, error-free, or free of harmful components.
8. Limitation of liability
To the maximum extent permitted by law, PreOpClear's total liability arising out of or relating to these Terms or the Service, whether in contract, tort, or otherwise, shall not exceed the amount paid by the contracting facility to PreOpClear in the twelve months preceding the event giving rise to the claim. PreOpClear is not liable for any indirect, consequential, special, or punitive damages.
9. Indemnification
You agree to indemnify and hold harmless PreOpClear, its officers, directors, and employees from any claim or demand arising out of your misuse of the Service or your violation of these Terms.
10. Termination
PreOpClear may suspend or terminate access to the Service if you violate these Terms, if required by law, or upon expiration of the contracting facility's agreement with PreOpClear.
11. Governing law
These Terms are governed by the laws of the state in which Perioperative Solutions LLC is organized, without regard to conflict-of-law principles. Disputes will be resolved in the courts of that state.
12. Changes
We may update these Terms. Material changes will be posted on this page with a revised effective date. Continued use of the Service after a change constitutes acceptance of the updated Terms.
13. Contact
Questions about these Terms:
PreOpClear, operated by Perioperative Solutions LLC
Email: legal@preopclear.net