These terms govern use of Postopify, a post-operative medication tracking tool provided by SMBB Innovations LLC ("Postopify", "we", "us") to surgical practices ("Practice", "you") and made available by those practices to their patients.
Postopify displays post-operative instructions that the Practice authors and controls, and lets a patient set up reminders for medication doses. Reminders may be delivered through the patient's browser and, optionally, through Telegram.
Reminder delivery depends on the patient's device, browser, operating system settings, network connectivity, and third-party services such as Telegram — none of which we control. Notifications may be delayed, suppressed by the device, or not delivered at all. Patients and practices must not rely on Postopify as the sole means of ensuring a medication is taken. The service is an aid to memory, not a safety system.
We aim to keep Postopify available continuously but do not guarantee uninterrupted service. Maintenance, third-party outages, and faults may cause downtime. We will make reasonable efforts to notify practices of significant planned interruptions.
Subscription fees, billing period, and any trial terms are as agreed with the Practice at signup and are processed by our payment provider. Fees are billed in advance and are non-refundable except where required by law or expressly agreed. We may change pricing on reasonable notice, effective at the start of the next billing period.
Either party may terminate on notice. On termination we will deactivate the Practice's subdomain and stop serving its instructions. Patient dose schedules expire automatically within 60 days. The Practice remains the owner of its own instruction documents, which live in the Practice's own document storage and are unaffected by termination. We may suspend service immediately for non-payment or for use that threatens the security or integrity of the service.
Our handling of information is described in the Privacy Policy. Where Postopify acts as a business associate of a covered entity, a business associate agreement governs and controls over any conflicting term in these terms.
You agree not to attempt to gain unauthorized access to the service or to another practice's data, to probe or disrupt the service, to resell it without agreement, or to use it in any unlawful manner.
Postopify retains all rights in the software and its branding. The Practice retains all rights in its own instruction content and clinic branding, and grants us only the limited right to display that content to its patients as part of providing the service.
Except as expressly stated, the service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be error-free or that reminders will always be delivered.
To the maximum extent permitted by law, Postopify will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, arising out of or relating to the service. Our total liability for any claim relating to the service will not exceed the amount paid by the Practice to Postopify in the twelve months preceding the event giving rise to the claim.
The Practice agrees to indemnify Postopify against claims arising from the Practice's clinical content, its treatment of patients, or its breach of these terms.
We may update these terms. Material changes will be communicated to practices, and the effective date above will be updated. Continued use after a change constitutes acceptance.
These terms are governed by the laws of the State of Arizona, without regard to its conflict of law rules. The parties consent to exclusive jurisdiction in the courts located in Maricopa County, Arizona.
help@postopify.com
SMBB Innovations LLC
4539 N 22nd St, Ste N, Phoenix, AZ 85016