1. Introduction
Welcome to AfterSurg (“the Application”). These Terms and Conditions (“Terms”) govern your use of the Application, which is operated by AfterSurg Ltd (“we,” “our,” or “us”). By accessing or using the Application, you agree to comply with these Terms. If you do not agree, you must immediately discontinue use of the Application.
2. Purpose of the Application
The Application is designed to support your post-operative recovery by providing personalised recovery journeys based on anonymised activity data. The Application also generates an AfterSurg Metrics framework (a “digital recovery profile”) to measure how patients recover, how much better they become, and how long any benefit lasts. Introducing these metrics does not change how the Application behaves or the data we collect. These metrics are derived values calculated from the activity data already collected by the Application and do not require any additional collection or sharing of data. It also contributes to medical research through the use of anonymised data, aiding the advancement of healthcare solutions.
3. Eligibility to Use the Application
To use the Application, you must:
- Be at least 18 years old.
- Agree to these Terms and our Privacy Policy.
- Provide consent for the Application to access your health data services as required by your device’s operating system.
4. Payment Terms
a. Payment Obligations
Users may be required to make a one-time or recurring payment to access and use the Application. Any applicable fee will be clearly stated at the point of purchase or communicated by your healthcare professional.
Payments may be made:
- Directly through the Application using the approved payment methods, or
- Via your surgeon or healthcare professional, who may collect the payment on behalf of AfterSurg Ltd.
b. Payment Methods
Payments made through the Application must be completed using the accepted payment methods (e.g., credit card, debit card, or other methods supported by our payment processor).
Payments made via a healthcare professional are subject to their terms and processes. AfterSurg Ltd is not responsible for collecting payments made through third parties.
5. Refund Policy
a. Refunds for Direct Payments
Refunds for payments made directly through the Application will be provided as required by applicable law. In addition to our policy, your statutory rights under UK consumer protection law (e.g., the Consumer Rights Act 2015) remain unaffected.
Refunds are typically not issued once access to the Application has been granted, except in cases of a technical failure attributable to AfterSurg Ltd or other legally required circumstances.
b. Refunds for Payments via Healthcare Professionals
If you have made payment through your surgeon or healthcare professional, refund requests must be directed to them and are subject to their policies.
AfterSurg Ltd is not responsible for processing refunds for payments made to third parties.
In all cases, if a dispute arises regarding payment, users are encouraged to contact our support team (see Section 22) for assistance in resolving the matter.
6. Data Collection and Use
By using the Application, you acknowledge and consent to:
- The collection and use of your activity data (e.g., step counts, activity levels, exercise duration) for up to one year prior to your specified operation date and continuing thereafter until the current date or your most recent use of the Application.
- The generation of derived measures (AfterSurg Metrics / “a digital recovery profile”) from this activity data; this does not require any additional data collection or any additional sharing of data beyond what is described in these Terms.
- The processing of anonymised data for purposes such as research, application improvement, and sharing insights with healthcare professionals in anonymised form.
- The indefinite storage of anonymised data. Withdrawal of consent will not affect previously processed anonymised data, in accordance with the Data Protection Act 2018 and the UK General Data Protection Regulation (UK GDPR).
7. Data Protection and User Rights
The Application is designed so that analytics, service improvement and research are carried out using anonymised data wherever possible. Where data has been irreversibly anonymised so that individuals are not identifiable, UK GDPR does not apply to that anonymised data. However, we apply GDPR-aligned safeguards and governance (including appropriate security, access controls and risk assessment) to our data handling as a matter of good practice. Where we process any information that constitutes personal data, we will do so in accordance with applicable UK data protection law and our Privacy Policy.
In addition to the above:
- Your Rights: You have the right to access, correct, or request deletion of your personal data as permitted by law. Details regarding these rights and how to exercise them are provided in our Privacy Policy.
- International Data Transfers: Should any data be transferred outside the UK/EU, appropriate safeguards will be implemented to ensure compliance with UK GDPR. Data collected through the Application is stored and processed within the United Kingdom using cloud infrastructure configured in the Google Firebase europe-west2 (London) region. We seek to avoid international transfers wherever reasonably possible. Where such transfers are operationally necessary, appropriate safeguards will be implemented in accordance with UK GDPR requirements.
- Anonymisation Process: We employ robust processes to irreversibly anonymise data to mitigate the risk of re-identification.
Where processing activities may present elevated privacy risks, particularly in relation to health-related or research data, we will conduct Data Protection Impact Assessments (DPIAs) or equivalent risk assessments in accordance with applicable data protection legislation.
8. Medical Disclaimer
The Application is designed to support your recovery journey and provide informational resources; however, it is not intended to replace professional medical advice. Always seek the advice of a qualified healthcare provider regarding any medical condition or treatment. Reliance on any information provided by the Application is solely at your own risk.
9. User Responsibilities
As a user of the Application, you agree to:
- Provide accurate and truthful information when granting permissions or submitting data.
- Use the Application only for lawful and intended purposes.
- Refrain from any misuse or actions that compromise the integrity or functionality of the Application.
10. Data Security and Encryption
We are committed to protecting your data through appropriate technical and organisational security measures. Data is transmitted and stored using industry-standard security practices and is hosted on secure cloud infrastructure operated by recognised providers that maintain internationally accepted security certifications. These measures are designed to safeguard information from unauthorised access, alteration, disclosure, or loss.
Activity data originates from Apple iOS and Android smartphone ecosystems and is transmitted via secure operating-system-level interfaces to backend services hosted on Google Firebase infrastructure. These services provide encrypted data transport, managed cloud storage, and controlled processing environments designed to support secure handling of application data.
Data transmitted between user devices and backend infrastructure is protected using secure transport encryption protocols such as TLS or successor standards. Data stored within Google Firebase and associated Google Cloud infrastructure is encrypted at rest by default using Google-managed encryption mechanisms (typically AES-256 or equivalent) aligned with industry best practices. Encryption key management is handled within Google Cloud’s secure key management infrastructure to maintain appropriate confidentiality and integrity protections throughout the data lifecycle.
Firebase services used by the Application are configured within the europe-west2 (London) region to support UK data residency objectives. Cloud infrastructure providers maintain recognised security certifications and compliance frameworks, which may include ISO 27001, SOC 2, or equivalent internationally recognised standards where applicable.
In addition to encryption safeguards, technical and organisational security measures are implemented to restrict access to authorised personnel only. These measures include role-based access controls, multi-factor authentication for administrative accounts, monitoring and logging of access activity, and periodic security reviews or vulnerability assessments where appropriate.
11. Prohibited Activities
You must not:
- Use the Application for unlawful activities.
- Reverse-engineer, tamper with, or bypass any security features of the Application.
- Share your login credentials or provide unauthorised access to third parties.
- Extract or scrape data from the Application.
- Attempt to gain unauthorised access to the Application or its systems.
Engaging in any of these activities may result in immediate termination of access and legal action.
12. Indemnification
You agree to indemnify and hold harmless AfterSurg Ltd, its employees, and affiliates from any claims, damages, or expenses arising from your misuse of the Application or breach of these Terms.
13. Intellectual Property
The Application, including its content, design, trademarks, and algorithms, is the intellectual property of AfterSurg Ltd. You are granted a limited, non-exclusive, revocable licence to use the Application solely for its intended purposes. You must not copy, modify, distribute, or create derivative works without prior written consent from AfterSurg Ltd.
14. Limitation of Liability
To the fullest extent permitted by law:
- The Application is provided on an “as is” and “as available” basis. We do not guarantee error-free or uninterrupted operation.
- We are not liable for indirect, incidental, or consequential damages arising from your use of the Application.
- Our liability is limited to the amount you paid for accessing the Application. Nothing in these Terms excludes liability where exclusion is not permitted by law.
15. Tax and Additional Charges
The stated fee includes VAT, where applicable, unless explicitly indicated otherwise.
If additional taxes or fees are incurred due to your chosen payment method or location (e.g., currency exchange fees), you are responsible for those charges.
16. Failure to Pay
If payment is not successfully processed or confirmed (either directly or through your healthcare professional), you will not be granted access to the Application.
Any disputes over payments made through a healthcare professional must be resolved directly with them, following the dispute resolution procedures outlined herein.
17. Termination
We reserve the right to suspend or terminate your access to the Application at any time if you breach these Terms or as required by law. You may also discontinue use of the Application at your discretion.
18. Changes to the Terms and Notification Procedure
- We may revise these Terms to reflect updates to our services or changes in legal requirements.
- For any significant changes, we will provide advance notice via email and/or in-app notification, and a clear summary of the changes will be made available. Continued use of the Application after such notice constitutes your acceptance of the revised Terms.
- A public archive of previous versions of the Terms will be maintained for transparency.
19. Dispute Resolution
a. Initial Resolution
In the event of any dispute arising from or relating to these Terms or the Application, we encourage you to contact our support team (see Section 22) to attempt an informal resolution.
b. Alternative Dispute Resolution
If a dispute cannot be resolved informally, both parties agree to attempt to resolve the matter through mediation or another mutually agreed alternative dispute resolution process before pursuing litigation.
c. Jurisdiction
Any unresolved disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, such provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
21. Governing Law
These Terms are governed by and construed in accordance with the laws of England and Wales. Any disputes arising from these Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.
22. Contact Information
If you have questions or concerns about these Terms or require further assistance, please contact us at:
23. Acceptance of Terms
By clicking “I Agree” or using the Application, you confirm that you have read, understood, and agreed to these Terms. Your use of the Application also constitutes your consent for AfterSurg Ltd to access your health data services as described herein. If you do not accept these Terms, you must refrain from using the Application.