Vai Portal – Terms & Conditions

Last Updated: May 4, 2025

These Terms & Conditions ("Terms") are a legal agreement between you ("User" or "you") and Vai portal ("vaiportal," "we," "us," or "our"), a company based in New York, USA. By accessing or using the Vai portal second-opinion services (the "Services"), you agree to be bound by these Terms and our Privacy Policy. Please read them carefully. If you do not agree, you must not use the Services.

1. Description of Services

Vai portal provides a platform for users to upload medical imaging (such as brain X-rays, MRIs) and related reports ("Medical Information") to receive a non-binding second opinion from qualified, independent consulting neurologists and physicians licensed in the US.
Nature of Service: The Service is strictly limited to providing an informational second opinion based solely on the Medical Information you submit. It is NOT a primary diagnosis, medical advice, a treatment recommendation, telehealth service, or a substitute for in-person consultation and ongoing care from your primary physician or other qualified healthcare providers.
No Doctor-Patient Relationship: Your use of the Services does not establish a doctor-patient relationship between you and Vai portal or any of its consulting physicians. Communications through the platform are not considered privileged patient communications in the same way as direct physician care.

2. User Obligations & Responsibilities

Age and Authority: You are 18 years of age or older, or you are the parent/legal guardian submitting information for a minor and have the authority to consent to these Terms on their behalf.
Accurate Information: Provide true, current, and complete contact information.
Authorization: You confirm you have the necessary legal rights and authorizations (including consents if required by law) to upload and share the Medical Information for the purpose of obtaining a second opinion via our Services.
Image/Report Quality: You are solely responsible for the quality, clarity, and completeness of the Medical Information uploaded. Vai portal and its consulting physicians are not liable for any limitations, inaccuracies, or omissions in the second opinion resulting from poor-quality, illegible, or incomplete submissions.
Retain Originals: You must retain your original medical images and reports. Vai portal is not a medical record storage service and is not responsible for loss of your original data.
Lawful Use: Use the Services only for their intended purpose and in compliance with all applicable US federal, New York State, and local laws and regulations. Do not upload materials unlawfully or infringe on any third-party rights. Do not attempt to disrupt or compromise the Service's security.
Account Security: Maintain the confidentiality of your account credentials and notify us immediately of any suspected unauthorized use.

3. Service Limitations & Disclaimers

Second Opinion Only: The opinions provided are informational, secondary interpretations based only on the materials submitted. They may differ from the opinions of other physicians, including your primary provider. They are not intended for primary diagnosis or treatment decisions.
Decision-Making Responsibility: Your primary physician and other treating healthcare providers retain full responsibility for your diagnosis, treatment, and overall medical care. The second opinion should be discussed with them and is only one piece of information to consider.
Not for Emergencies: Vai portal is NOT for medical emergencies or urgent situations. If you have a medical emergency, call 911 or seek immediate care from a hospital or qualified provider.
No Warranty: The Services are provided "as is" and "as available." To the fullest extent permitted by New York law, Vai portal disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement regarding the Services or the second opinions provided. We do not guarantee that the Services will be uninterrupted, error-free, or secure.

4. Limitation of Liability

To the maximum extent permitted by applicable New York and US law, Vai portal, its owners, affiliates, employees, agents, and consulting physicians shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or related to your use of, reliance on, or inability to use the Services or the second opinion provided. This includes, without limitation, damages related to medical decisions, diagnostic errors, treatment outcomes, personal injury, emotional distress, data loss, or business interruption, even if advised of the possibility of such damages.

In no event shall Vai portal's total aggregate liability to you for all claims arising from or related to the Services exceed the amount you paid to Vai portal for the specific Service giving rise to the claim, if any.

Some jurisdictions, including potentially New York in certain contexts, may not allow the exclusion or limitation of certain types of damages or warranties. In such cases, our liability and warranties will be limited to the fullest extent permitted by applicable law.

5. Fees and Payment

[Details of applicable fees, pricing tiers, and payment terms to be inserted here.]

6. Indemnification

You agree to indemnify, defend, and hold harmless Vai portal, its affiliates, officers, directors, employees, agents, and consulting physicians from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Services, or your violation of any law or the rights of a third party related to your use of the Services.

7. Governing Law and Dispute Resolution

Governing Law: These Terms and any dispute arising out of or related to them or the Services shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles.
Jurisdiction: You agree that any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the state or federal courts located in the State of New York (specifically, New York County, if applicable, or the appropriate federal district). You irrevocably consent to the personal jurisdiction of such courts.
Informal Resolution: We encourage you to contact us first to resolve any disputes informally.
Time Limit on Claims: Any claim or cause of action arising out of or related to the use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose; otherwise, it shall be permanently barred, unless prohibited by applicable law.

8. Termination

We reserve the right, in our sole discretion, to suspend or terminate your account and access to the Services at any time, without notice, for conduct that violates these Terms or is otherwise harmful to us, other users, or third parties, or for any other reason.

9. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Vai portal regarding the Services.
Severability: If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed, and the remaining provisions shall remain in full force and effect.
No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
Changes to Terms: We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms on our platform and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the new Terms.

10. Contact Information

For questions about these Terms & Conditions, contact us at:

[General/Support Email Address]
[Company Name]
[Mailing Address in New York]

By using Vai portal, you acknowledge that you have read, understood, and agree to these Terms & Conditions.