Terms of Service

The Service. Preplift is an independent study tool developed by experienced surgical technology professionals and subject matter experts. The Service is intended solely to help users study for and prepare to take examinations.

No Affiliation or Endorsement. Preplift is not affiliated with, endorsed by, sponsored by, or certified by any educational institution, accrediting body, or certification organization. Preplift is not an accredited education provider, and the Service does not contain, and is not, official examination material of any certifying organization.

No Commitment to Future Features. Your subscription is based solely on the features and functionality of the Service that are currently available. Preplift makes no commitment to deliver any future features, functions, or content, which may not be delivered on time or at all. The development, release, and timing of any features or functions remains in Preplift’s sole discretion.

You must be at least eighteen (18) years of age to use the Service. By accessing or using the Service, you represent and warrant that you are eighteen (18) years of age or older.

Registration. To use the Service, you must create an account (an “Account”). You must provide accurate, current, and complete information during registration and keep your Account information up to date. Each Account is for use by a single individual. You may not share, sell, or transfer your Account or login credentials to any other person.

Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your Account. You will promptly notify us upon becoming aware of any unauthorized use of your Account.

Plans. We offer the following subscription plans (each, a “Plan”):

• Monthly Plan: $29.99 per month, billed monthly in advance.

Free Trial. A seven (7)-day free trial (a “Trial”) is included with the Monthly Plan. A valid payment method is required to begin the Trial. Unless you cancel before the end of the Trial period, your subscription will automatically convert to a paid Monthly Plan and your payment method will be charged. We will send you a reminder before your Trial ends.

Billing. Payments are processed by our third-party payment processor. All prices are stated in U.S. dollars and may be subject to applicable taxes. You authorize us (through our payment processor) to charge your designated payment method for all fees due under your Plan. All payments will be made without the right of set-off or chargeback. If you initiate a chargeback or payment dispute with your bank or payment provider for charges you authorized under these Terms, Preplift may suspend your Account pending resolution of the dispute.

Automatic Renewal. Your subscription will renew automatically at the end of each billing period until canceled in accordance with Section 4.5.

Cancellation. You may cancel your subscription at any time from your profile. Cancellation stops future charges. Following cancellation, you will retain access to the Service until the end of the billing period for which you have already paid. Complimentary access provided through an institutional or evaluation code is not a paid subscription. There is no payment method on file and nothing is charged. To have complimentary access removed, email support@preplift.com.

Refunds. Except where a refund is required by applicable law, all payments are non-refundable and we do not prorate partial billing periods. The seven-day free trial is there so you can decide before you pay. If something goes wrong on our end, email support@preplift.com and we will make it right.

Failed Payments. If a payment fails or your payment method expires, we may reattempt payment over a period of approximately fourteen (14) days and may notify you of the failure. If payment is not successfully completed, your access to the Service may be suspended. Unpaid amounts will accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law. If Preplift refers any unpaid balance to a collection agency or engages counsel to collect amounts owed, you will be responsible for all costs of collection, including reasonable attorneys’ fees and collection agency fees. A failed payment does not, by itself, delete your Account or your data.

Promotions. We may from time to time offer promotional pricing, discounts, trial extensions, or early-access codes at our sole discretion. The terms of any promotion, including eligibility, duration, and discount amount, will be stated at the time of the offer and may be modified or discontinued at any time.

Price Changes. We may change our prices at any time. If a price change affects your existing subscription, we will provide you notice no less than seven (7) and no more than thirty (30) days before the change takes effect.

The Service is a study aid only. We do not guarantee that use of the Service will result in your passing any examination, certification, or course. The content, wording, and format of any actual examination may differ from the questions and materials available through the Service. You are solely responsible for your own examination preparation and outcomes.

The content available through the Service is based on sources our subject matter experts believe to be reliable, but we do not warrant that any content is accurate, complete, current, or error-free. All content and materials are provided “AS IS” and “AS AVAILABLE,” without warranty of any kind, including any warranty of accuracy, completeness, or fitness for a particular purpose.

AI-Generated Content. The Service uses artificial intelligence to generate coaching messages, summaries, and other content, including on the main dashboard and following quizzes (“AI Content”). AI Content may be inaccurate, incomplete, misleading, or out of date. The accuracy of artificial intelligence models can never be guaranteed, and your use of or reliance upon AI Content is at your sole risk.

No Reliance. AI Content does not reflect a guarantee of your readiness and does not predict your examination results. Do not rely on AI Content as professional, medical, educational, or certification advice. Always verify important information independently. To the fullest extent permitted by applicable law, Preplift will have no liability arising from your use of or reliance on AI Content.

No AI Model Training; De-Identified and Aggregated Data. Preplift will not use your personal study data to train artificial intelligence models. Preplift may use de-identified and aggregated data derived from use of the Service that cannot reasonably be used to identify you to analyze, improve, and maintain the Service.

Ownership. All content and materials available through the Service, including questions, answer explanations, text, audio, graphics, software, source code, algorithms, AI models, model weights, scoring logic, study paths, user interfaces, designs, data compilations, and documentation (collectively, the “Preplift Content”), are owned by Preplift or its licensors and are protected by intellectual property and other laws. All rights not expressly granted to you under these Terms are reserved by Preplift and its licensors. Nothing in these Terms will be construed to transfer or assign any ownership rights in the Preplift Content to you.

License to You. Subject to your compliance with these Terms, Preplift grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable license to access and use the Service and the Preplift Content solely for your own personal study.

Restrictions. You may not: (a) copy, reproduce, scrape, harvest, screenshot, photograph, record, distribute, resell, publicly display, or make available to any third party any part of the Service or the Preplift Content; (b) reverse-engineer, decompile, disassemble, or attempt to derive the source code, algorithms, or underlying structure of any part of the Service; (c) use the Service or the Preplift Content to develop, train, or improve any product or service that competes with the Service; (d) create derivative works based on the Preplift Content, including study guides, flash cards, or summaries derived from questions or explanations available through the Service; (e) post, share, or transmit any Preplift Content on any website, social media platform, forum, or messaging service; or (f) remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Preplift Content.

Feedback. If you submit feedback or suggestions regarding the Service (“Feedback”), you grant Preplift a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable, and transferable right and license to use, reproduce, modify, create derivative works from, distribute, and otherwise exploit such Feedback for any purpose without restriction or compensation to you. To the extent any rights in Feedback cannot be licensed under the foregoing, you hereby irrevocably assign all right, title, and interest in such Feedback to Preplift.

Trademarks. “Preplift” and the Preplift logos are trademarks of Preplift Inc. You may not use Preplift’s name, logos, or other trademarks without our prior written consent.

Injunctive Relief. You acknowledge that any unauthorized use of the Preplift Content or violation of this Section 8 may cause Preplift irreparable harm for which monetary damages would be an inadequate remedy. In the event of any actual or threatened violation of this Section 8, Preplift will be entitled to seek injunctive or other equitable relief without the necessity of proving actual damages or posting a bond, in addition to all other remedies available at law or in equity.

You agree that you will not:

• share your Account with any other person;
• access the Service through automated means, including bots, scripts, or scrapers;
• attempt to extract, copy, or compile our question bank or any other Preplift Content;
• interfere with or disrupt the Service or the servers or networks connected to the Service; or
• use the Service for any unlawful purpose or in violation of applicable law.

If you access the Service through a school, employer, or other institution, additional terms in our agreement with that institution may apply to you, including terms governing the sharing of your data with the institution and the management or termination of your Account.

Deletion by You. You may request deletion of your Account at any time by emailing legal@preplift.com from the email address associated with your Account. Upon receipt of your request, we will cancel any active subscription and begin a thirty (30)-day deletion process, after which your data will be permanently deleted, except for records we are required to retain by applicable law.

Suspension and Termination by Preplift. We may suspend or terminate your Account and your access to the Service if: (a) you violate these Terms; (b) we reasonably believe your conduct may harm other users, the Service, or Preplift; (c) we are required to do so by law or a governmental authority; or (d) we elect to discontinue the Service or any material part of it, upon thirty (30) days’ prior notice to you. If we terminate your Account under clause (a) or (b) of this Section, no refund of any prepaid fees will be issued.

Survival. Any provisions of these Terms that by their nature should survive termination will survive, including Sections 5 (No Guarantee of Results), 6 (Accuracy of Content), 7 (Artificial Intelligence Features), 8 (Intellectual Property), 12 (Disclaimer of Warranties), 13 (Limitation of Liability), 14 (Indemnification), and 15 (Governing Law and Dispute Resolution).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, INCLUDING ALL AI CONTENT AND AI FEATURES, IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT AI CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, OR FREE OF ERRORS OR OMISSIONS. THE ACCURACY OF ARTIFICIAL INTELLIGENCE MODELS CAN NEVER BE GUARANTEED. AI CONTENT IS NOT A SUBSTITUTE FOR INDEPENDENT STUDY, PROFESSIONAL JUDGMENT, OR OFFICIAL EXAMINATION MATERIALS. PREPLIFT IS NOT AN ACCREDITED EDUCATIONAL INSTITUTION, CERTIFICATION BODY, OR EXAMINATION PROVIDER.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PREPLIFT AND ITS OFFICERS, DIRECTORS, AND EMPLOYEES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF DATA, PROFITS, OR EXAMINATION OUTCOMES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF PREPLIFT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PREPLIFT’S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO PREPLIFT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE LIMITATIONS OF LIABILITY IN THIS SECTION DO NOT LIMIT YOUR OBLIGATIONS UNDER SECTION 14.

THE DISCLAIMERS OF WARRANTY AND LIMITATIONS OF LIABILITY IN THESE TERMS ARE INTENDED TO FAIRLY ALLOCATE RISK BETWEEN YOU AND PREPLIFT AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE FOREGOING LIMITATIONS APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

You agree to defend, indemnify, and hold harmless Preplift and its officers, directors, employees, and agents from and against any and all third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms, including any breach of your representations and warranties; or (c) your violation of applicable law.

Governing Law. These Terms are governed by, and construed in accordance with, the laws of the State of Delaware, without regard to its conflicts of law principles.

Informal Resolution. Before filing any claim against Preplift, you agree to first contact us at legal@preplift.com and attempt to resolve the dispute informally. Any pre-arbitration dispute notice must be individualized and include: (a) your name and Account email address; (b) a description of the nature and basis of the claim; (c) the specific relief sought, including any dollar amount; and (d) your personal signature. Preplift will send any dispute notice to the email address associated with your Account. A dispute notice that does not contain this information will not be considered sufficient to satisfy this Section. The parties agree to negotiate the dispute in good faith for no less than sixty (60) days from the date the notice is received. If the dispute is not resolved within sixty (60) days, either party may pursue the dispute resolution mechanism set forth in Section 15.3. Compliance with this Section is a condition precedent to initiating arbitration. Neither party may commence arbitration without first complying with this Section. Nothing in this Section shall prevent a party from seeking injunctive or other equitable relief from such courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of a party’s data security, intellectual property, or other proprietary rights.

Arbitration. Except for disputes that qualify for small claims court, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures. The Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs the interpretation and enforcement of this Section. Arbitration will take place in the State of Delaware or, at your election, by videoconference. The arbitrator has exclusive authority to resolve any dispute, including the scope, enforceability, or formation of this arbitration agreement. For claims of $10,000 or less, Preplift will pay all JAMS filing and arbitrator fees. The arbitrator may award the same relief that a court could award. Any arbitration will be conducted on an individual basis and not as a class, collective, consolidated, or representative action. You and Preplift each waive the right to a jury trial and the right to participate in a class action, collective action, or other representative proceeding. If any part of this class action waiver is found to be unenforceable, the entirety of this arbitration provision will be null and void with respect to the affected claims, and those claims will proceed in the courts identified in Section 15.1. You may opt out of this arbitration provision by sending written notice to Preplift at the address in Section 18 within thirty (30) days of first accepting these Terms, after which this arbitration provision will not apply to you. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights.

Mass Arbitration. If twenty-five (25) or more similar arbitration demands are filed against Preplift by or with the assistance of the same law firm, group of law firms, or organization within a ninety (90)-day period (a “Mass Arbitration”), the following procedures apply in addition to the JAMS rules referenced above. The parties agree that the JAMS Mass Arbitration Procedures and Guidelines in effect at the time of filing will govern the administration of the Mass Arbitration. Demands in a Mass Arbitration will be resolved in sequential batches of no more than fifty (50) demands at a time, selected randomly. Each batch must be fully resolved before the next batch is selected, unless the parties agree otherwise. The statute of limitations and any filing-fee deadlines applicable to demands not yet in an active batch are tolled from the date the Mass Arbitration is filed until fourteen (14) days after the demand is selected for a batch. Following the resolution of each batch, the parties will participate in a single mediation session before JAMS for all remaining demands before the next batch proceeds. Each demand filed in a Mass Arbitration must include the claimant’s name, physical address, and email address, and must be accompanied by a sworn declaration from claimant’s counsel verifying that the information in the demand is true and correct to the best of counsel’s knowledge and that the claimant has personally authorized the filing. If you are a claimant in a Mass Arbitration and your demand has not been selected for a batch within one (1) year of filing, you may elect to withdraw from the Mass Arbitration and pursue your claim individually under Section 15.3 or in any court of competent jurisdiction, at your option. This Section does not authorize class, collective, or representative arbitration.

We may update these Terms from time to time. If we make material changes, we will notify you by email to the address associated with your Account or through the Service at least thirty (30) days before the changes take effect and will post the updated version with a new “Last Updated” date. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the updated Terms.

Entire Agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features of the Service, constitute the entire agreement between you and Preplift regarding the Service and supersede all prior agreements and understandings regarding the Service.

Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Preplift may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.

Severability. If any provision of these Terms is held to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.

Waiver. Preplift’s failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

Attorneys’ Fees. If Preplift prevails in any action, suit, arbitration, or proceeding arising from or based upon these Terms, Preplift will be entitled to recover its reasonable attorneys’ fees, in addition to court costs, arbitration fees, and other fees and disbursements incurred.

Notices. We may provide notices to you via the Service or the email address associated with your Account. You may provide notice to us using the contact information in Section 18.

Force Majeure. Preplift will not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemics or pandemics, war or terrorism, labor disputes, power or internet failures, cyberattacks, denial of service attacks, actions of governmental authorities, or failures of third-party hosting, software, or infrastructure providers.

Electronic Communications. By creating an Account, you consent to receive all notices, agreements, disclosures, and other communications from Preplift electronically, including by email or through the Service. You agree that all such electronic communications satisfy any legal requirement that such communications be in writing.

Third-Party Services. The Service may use third-party services, including AI model providers and payment processors. Preplift is not responsible for the acts, omissions, or outputs of third-party service providers.

No Third-Party Beneficiaries. Nothing in these Terms is intended to confer upon any third party any rights, remedies, obligations, or liabilities.

Construction. Headings are for convenience only and do not affect interpretation. The terms “include” and “including” mean “including without limitation.”

Questions about these Terms may be directed to: