Terms of Use
Terms of Use
Effective Date: June 1, 2026
Welcome to Cyrus MD. These Terms of Use ("Terms") govern your access to and use of the Cyrus MD website and Advanced Pain Procedure Guide mobile application (collectively, the "Service"). The Advanced Pain Procedure Guide is owned and operated by Cyrus MD LLC. By accessing or using the Service, you agree to be bound by these Terms.
If you do not agree with these Terms, you cannot use the Service.
1. Purpose of the Service
Cyrus MD provides educational information related to interventional pain procedures, including procedural steps, indications, potential complications, and example documentation.
The content provided through the Service is intended solely for educational and informational purposes and is designed exclusively for licensed medical professionals or trainees under appropriate supervision.
The Service does not provide medical advice, diagnosis, or treatment and should not be relied upon as a substitute for professional medical judgment.
2. No Medical Advice
All information provided through Cyrus MD is intended for educational use only. The content is not intended to replace formal medical training, clinical guidelines, institutional protocols, or independent professional judgment.
Healthcare providers using the Service are responsible for:
• evaluating the appropriateness of any procedure or treatment,
• considering patient-specific factors, and
• complying with applicable medical standards and regulations
Cyrus MD does not assume responsibility for clinical decisions made by users of the Service.
3. Professional Responsibility
Medical procedures described in the Service should only be performed by appropriately trained and qualified medical professionals.
Users are solely responsible for ensuring that they possess the necessary training, credentials, and supervision required to perform any medical procedure referenced in the Service.
4. Off-Label Use and Clinical Variability
The Service may discuss medical devices, medications, or techniques that may involve off-label uses or variations in clinical practice.
Such information is provided for educational discussion only and should not be interpreted as a recommendation or endorsement of any particular technique, device, or manufacturer.
Clinical decisions must always be made in accordance with current medical guidelines, regulatory approvals, and institutional policies.
5. Indemnity
User Indemnification of Company. You ("User") agree to indemnify, defend, and hold harmless Cyrus MD LLC, its affiliates, licensors, and their respective officers, directors, employees, agents, and successors (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) ("Claims") arising out of or relating to: (a) your access to or use of the Application; (b) any clinical decision, medical judgment, diagnosis, treatment, or procedure you undertake in connection with or informed by the Application; (c) your violation of these Terms; (d) your violation of any applicable federal, state, or local law, regulation, or professional standard of care; or (e) any third-party claim arising from your reliance on Application content in connection with patient care.
No Substitute for Clinical Judgment. The Application is designed as a reference tool to support, and not replace, the independent clinical judgment of licensed physicians. User acknowledges that all clinical decisions remain exclusively within User's professional discretion and responsibility, and that Cyrus MD LLC has no control over how Application content is applied in any specific clinical situation. Cyrus MD LLC shall not have any indemnification obligations to User.
Proportional Limitation. To the extent permitted by applicable law, Cyrus MD LLC’s liability to User — whether arising in tort, contract, or otherwise — shall not exceed the fees paid by User for access to the Application in the twelve (12) months immediately preceding the event giving rise to the Claim.
Indemnification Procedure. If Cyrus MD LLC seeks indemnification under this Section, Cyrus MD LLC shall: (a) promptly notify the User in writing upon becoming aware of any Claim for which indemnification may be sought; (b) grant the User sole control over the defense and settlement of such Claim, provided that the User shall have the right to participate in the defense at its own expense; and (c) cooperate reasonably with the User in the defense of such Claim. No settlement that imposes any obligation or liability on the User shall be made without the User's prior written consent, not to be unreasonably withheld.
6. Intellectual Property
All content within the Service, including text, procedural descriptions, formatting, graphics, and other materials, is the property of Cyrus MD LLC unless otherwise stated.
Users may access and use the content for personal educational purposes only. Content may not be reproduced, distributed, modified, or used for commercial purposes without prior written permission from Cyrus MD LLC.
7. Modifications to the Service
Cyrus MD reserves the right to modify, update, or discontinue any portion of the Service at any time without prior notice.
We may also update these Terms of Use periodically. Continued use of the Service following any updates constitutes acceptance of the revised Terms.
8. Privacy
Use of the Service is also governed by our Privacy Policy below, which describes how information may be collected and used.
9. Dispute Resolution
All disputes, claims, or controversies arising out of or relating to these Terms, the Service, or your use thereof ("Disputes") shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, except as otherwise provided herein. The arbitration shall be conducted in San Diego, California or, at either party's election, via videoconference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Class Action Waiver. You and Cyrus MD LLC each waive any right to bring or participate in any class, collective, or representative action. All Disputes must be brought in the parties' individual capacities only.
Opt-Out. You may opt out of this arbitration agreement by sending written notice to admin@cyrusmd.com within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision of these Terms.
Exceptions. Either party may seek emergency injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration. Claims arising from infringement of Cyrus MD LLC's intellectual property rights are excluded from mandatory arbitration.
Governing Law and Venue. These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict-of-law principles. For any Dispute not subject to arbitration, each party consents to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYRUS MD LLC AND ITS OWNERS, MEMBERS, OFFICERS, CONTRIBUTORS, AND AFFILIATES (COLLECTIVELY, "CYRUS MD PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, LOSS OF REVENUE, LOSS OF DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF CYRUS MD LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Aggregate Cap. To the extent any liability of the Cyrus MD Parties is not otherwise excluded, the total aggregate liability of the Cyrus MD Parties to you for any and all Claims shall not exceed the greater of (a) the total fees paid by you for access to the Service in the twelve (12) months immediately preceding the event giving rise to the Claim, or (b) fifty dollars ($50.00).
Basis of the Bargain. You acknowledge that the limitations of liability set forth in this Section reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between you and Cyrus MD LLC. The Service would not be provided without such limitations.
Jurisdictional Exceptions. Some jurisdictions do not permit the exclusion or limitation of certain damages. In such jurisdictions, the liability of the Cyrus MD Parties shall be limited to the greatest extent permitted by applicable law.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CYRUS MD LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:
(a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT;
(b) ANY WARRANTY THAT THE SERVICE OR ITS CONTENT WILL BE ACCURATE, COMPLETE, CURRENT, RELIABLE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(c) ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; AND
(d) ANY WARRANTY REGARDING THE OUTCOMES OF CLINICAL DECISIONS INFORMED BY USE OF THE SERVICE.
No oral or written information provided by Cyrus MD LLC or any of its representatives shall create a warranty not expressly stated in these Terms.
12. HIPAA and Patient Data
The Service is not a Covered Entity or Business Associate as those terms are defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and its implementing regulations. The Service does not transmit, store, or process any Protected Health Information ("PHI").
Users are solely responsible for ensuring that their use of the Service complies with all applicable federal and state privacy laws, including HIPAA, in connection with their independent clinical practice. Users shall not input, transmit, or otherwise associate any PHI or patient-identifiable information with the Service.
Cyrus MD LLC assumes no liability for any HIPAA violation or privacy breach arising from a user's independent professional conduct or the user's own handling of patient data in connection with or separate from use of the Service.
13. User Eligibility and Representations
By accessing or using the Service, you represent and warrant that:
(a) you are a licensed physician or other qualified healthcare professional authorized to practice medicine or perform interventional procedures in your applicable jurisdiction, or a trainee operating under the direct supervision of such a licensed professional;
(b) you possess, or are operating under the supervision of a person who possesses, the training, credentials, and institutional privileges necessary to perform any procedure referenced in the Service;
(c) you are accessing the Service for professional educational purposes only and not on behalf of or for the benefit of any unlicensed individual;
(d) you are at least eighteen (18) years of age; and
(e) your use of the Service does not violate any applicable law, regulation, or professional obligation.
Cyrus MD LLC reserves the right to suspend or terminate access for any user who misrepresents their credentials or uses the Service in a manner inconsistent with these representations.
14. Termination
By Cyrus MD LLC. Cyrus MD LLC may, in its sole discretion and without prior notice, suspend or terminate your access to the Service if it reasonably believes you have violated these Terms, misrepresented your credentials, or used the Service in a manner that could expose Cyrus MD LLC or third parties to harm or liability. Cyrus MD LLC shall have no liability to you for any such suspension or termination.
By You. You may discontinue use of the Service at any time. Cessation of use constitutes your termination of these Terms with respect to future access, subject to the survival provisions below.
Effect of Termination. Upon termination, your right to access and use the Service ceases immediately. The following Sections shall survive termination and remain in full force and effect: Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, and any other provisions that by their nature should survive.
15. Third-Party Content and Links
The Service may reference, link to, or incorporate content from third parties, including medical device manufacturers, pharmaceutical companies, academic journals, and clinical guidelines (collectively, "Third-Party Content"). Such references are provided for informational and educational convenience only.
Cyrus MD LLC does not control, endorse, or assume responsibility for any Third-Party Content, including the accuracy, completeness, legality, or appropriateness of such content. Reference to any specific product, publication, device, or clinical technique does not constitute an endorsement by Cyrus MD LLC.
Users access Third-Party Content at their own risk and are solely responsible for compliance with any terms, licenses, or restrictions applicable to such content. Cyrus MD LLC shall have no liability for any harm arising from your reliance on or use of any Third-Party Content.
16. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect, and the invalid or unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
17. Entire Agreement
These Terms constitute the entire agreement between you and Cyrus MD LLC with respect to the Service and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.
18. Contact Information
If you have questions regarding these Terms of Use, please contact:
Cyrus MD LLC
Email: admin@cyrusmd.com