SurgPass

Terms and Conditions

Last Updated: December 29, 2025

1. Acceptance of the Terms of Use

These Terms of Use are entered into by and between You and SurgBoards, LLC (“Company,” “we,” or “us”). The following terms and conditions govern your access to and use of surgpass.com (the “Website”) and the SurgPass question bank services (the “Service”). By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use, you must not access or use the Website.

2. No Medical Advice

THE CONTENT PROVIDED BY SURGPASS IS FOR EDUCATIONAL AND BOARD PREPARATION PURPOSES ONLY. It is not intended to be a substitute for professional medical advice, diagnosis, or treatment. The medicine and surgery fields are constantly evolving. While we strive to provide accurate information based on standard surgical textbooks and guidelines, SurgBoards, LLC does not warrant that the content reflects the most current standard of care, surgical guidelines, or research. You should never rely on the content of this Website for making clinical decisions or patient management.

3. Eligibility and User Representations (Verified User Policy)

  • Bona Fide User Requirement: By creating an account and purchasing access to SurgPass, you represent and warrant that you are a medical student, surgical resident, fellow, or practicing physician actively preparing for the ABSITE®, ABS QE, or a similar medical board examination.
  • Prohibition on Commercial Use and Competitors: Access to the Service is strictly limited to personal, educational use. You may NOT access or use the Service if you are:
    • Developing, managing, or operating a competing test preparation service, question bank, or educational platform.
    • Accessing the content for the purpose of competitive intelligence, benchmarking, or reverse-engineering our question style, format, or explanations.
    • Intending to scrape, harvest, or derive inspiration for creating your own questions or educational materials.
  • Verification: SurgBoards, LLC reserves the right to verify your professional status (e.g., requesting proof of residency program enrollment or NPI number). If we determine, in our sole discretion, that you are accessing the Service for reasons other than personal board preparation, we reserve the right to immediately terminate your account without refund and pursue legal action for breach of contract and intellectual property theft.

4. Service Description and License

SurgPass is an online question bank designed to assist surgical residents in preparing for the American Board of Surgery In-Training Examination (ABSITE®) and the American Board of Surgery Qualifying Examination (ABS QE). Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your personal, non-commercial educational use during the term of your purchase.

5. Intellectual Property and Content Integrity

A. Ownership The Website and its entire contents, features, and functionality (including but not limited to all questions, answers, explanations, images, software, and design) are owned by SurgBoards, LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

B. Content Integrity Warranty (Anti-Recall Policy) SurgBoards, LLC strictly adheres to the examination security policies of the American Board of Surgery (ABS).

  • Original Work: All questions and content on SurgPass are original educational works created by board-certified surgeons and medical educators based on medical literature and standard textbooks. Our questions are heavily peer-reviewed and undergo beta-testing before being fully implemented.
  • No Recalls: NO CONTENT ON THIS WEBSITE IS DERIVED FROM “RECALLS” OF ACTUAL EXAM QUESTIONS. We do not solicit, harvest, or use questions memorized by test-takers from actual ABS administrations.
  • User Prohibition: You agree not to post, upload, or transmit any content to our Website or support channels that reproduces actual exam questions from the ABSITE or ABS QE. Violation of this policy will result in immediate account termination and potential reporting to relevant medical boards.

C. Trademarks ABSITE®, ABS®, and ABS QE are registered trademarks of the American Board of Surgery. SurgPass™ is an independent test preparation service. This Service is not affiliated with, sponsored by, endorsed by, or otherwise associated with the American Board of Surgery.

D. Third-Party Content and Fair Use

  • Educational Purpose: The Service may incorporate short video clips, images, or diagrams from third-party sources (including online repositories) for the strict purpose of medical education, critical commentary, and surgical instruction.
  • Fair Use Notice: Such use is claimed under the Fair Use doctrine (17 U.S.C. § 107), which permits the limited use of copyrighted material without permission for purposes such as teaching, scholarship, and research.
  • Transformative Nature: SurgBoards, LLC utilizes this content in a transformative manner. We add original value through the curation of specific clinical contexts relevant to board exams, the addition of original text overlays or annotations to highlight pathology, and the integration of these clips into unique, original question stems and detailed feedback explanations that alter the original purpose of the work from mere display to active testing and education.
  • Takedown Requests: If you are a copyright holder and believe your work has been used outside the scope of Fair Use, please contact us at support@surgpass.com.

6. Access and Account Security

A. Single User License Your account is for your personal use only. Sharing your username and password with others is strictly prohibited. We employ technical measures to detect account sharing, including monitoring concurrent logins and IP address usage. If we detect excessive usage patterns indicative of account sharing (e.g., simultaneous logins from different locations), we reserve the right to suspend or terminate your account immediately without refund.

B. Account Safety You are responsible for maintaining the confidentiality of your password and account. You agree to notify us immediately of any unauthorized access to or use of your username or password.

7. Billing, Payment, and Cancellation

A. One-Time Payments SurgPass operates on a fixed-term access model. You may purchase access for 30, 60, 90, 180, or 365 days. These are one-time payments. We do not auto-renew your subscription. Your access will automatically expire at the end of the purchased term unless you voluntarily purchase a new package.

B. No Refunds ALL SALES ARE FINAL. Due to the digital nature of the content, which is consumed immediately upon access, we do not offer refunds, returns, or exchanges once the Service has been accessed. Please review the free trial or sample questions (if available) before purchasing to ensure the product meets your needs.

C. Cancellation You may terminate your account at any time through your user profile settings. Since there is no recurring billing, “cancellation” will simply terminate your access to the Service and delete your personal profile data in accordance with our Privacy Policy. Terminating your account before the end of your access period will not result in a refund for unused time.

8. Prohibited Uses

You may use the Website only for lawful purposes. You agree not to:

  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website (scraping).
  • Create Derivative Works: Use the Service to create a competing product, including deriving “inspired” questions, rewriting our scenarios, or mimicking our explanation logic for commercial distribution.
  • Share with Non-Users: Distribute screenshots, video captures, or text from the Service to public forums, social media, or file-sharing sites.
  • Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without express written permission by us.
  • Engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website.

9. Disclaimer of Warranties

YOUR USE OF THE WEBSITE AND SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SURGBOARDS, LLC DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT THE CONTENT WILL ENSURE A PASSING SCORE ON ANY EXAM.

10. Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL SURGBOARDS, LLC, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUE, LOSS OF DATA, OR EMOTIONAL DISTRESS.

11. Governing Law and Arbitration

All matters relating to the Website and these Terms of Use shall be governed by and construed in accordance with the laws of the State of California. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration in Irvine, California.

12. Contact Us

This website is operated by SurgBoards, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: support@surgpass.com.