Terms and Conditions

These Terms and Conditions (“Terms”) constitute a legally binding agreement between you (“you” or the “user”) and QuiKonsult, Inc. (“QuiKonsult,” “we,” “us,” or “our”) governing your access to and use of our website, mobile application, and related services (together, the “Platform”), including AI-assisted doctor discovery, doctor matching, consultation booking, telemedicine facilitation, and doctor-to-doctor collaboration services.

By creating an account, checking the acceptance box on the sign-up form, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. Your acceptance by electronic means is valid and enforceable under the Republic Act No. 8792, the E-Commerce Act of 2000.

If you do not agree to these Terms or the Privacy Policy, you may not create an account or use the Platform.

• You must be at least eighteen (18) years old, or the age of majority in the Philippines, to create an account. If you are under eighteen (18), you may use the Platform only under the supervision and with the consent of your parent or legal guardian, who is bound by these Terms on your behalf.
• You must provide accurate, current, and complete information when creating your account and keep it up to date.
• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Do not share your password or allow others to access your account.
• Notify us immediately at [email protected] if you suspect unauthorized use of your account.
• The use of another person's identity, or the acquisition, use, or misuse of identifying information without right, constitutes identity theft under the Cybercrime Prevention Act and may result in account termination and legal action.

QuiKonsult is not a medical provider, and it does not practice medicine. The Platform provides discovery, matching, booking, scheduling, collaboration, and administrative services that connect you with doctors and that enable doctors to collaborate with one another. Doctors who provide consultations through the Platform are licensed physicians (under the Professional Regulation Commission) acting as independent professionals, and not as employees, agents, or partners of QuiKonsult.

Using the Platform does not create a doctor-patient relationship between you and QuiKonsult. Any doctor-patient relationship arises only between you and the doctor you consult with. QuiKonsult does not control, direct, or supervise the professional judgment, diagnosis, treatment, or advice of any doctor, including in any collaboration activity between doctors.

Information on the Platform — including content generated by our AI-assisted assistant “Kai” and AI-generated summaries of doctor collaboration (described in Section 7) — is provided for general informational and matching purposes only and is not medical advice, diagnosis, or treatment. You should always consult a qualified health professional for advice about your specific condition. Never disregard professional medical advice or delay seeking it because of something you read on the Platform.

The Platform is not for medical emergencies. Do not use the Platform, Kai, or any telemedicine consultation for emergencies or life-threatening conditions. If you or someone else is experiencing a medical emergency, call 911 or the nearest emergency services, or go to the nearest hospital emergency room immediately.

In accordance with applicable rules on telemedicine, first-time consultations, emergencies, and conditions requiring face-to-face assessment must not be managed through telemedicine alone. Your doctor may require an in-person visit at any time, and you agree to comply with such a referral.

When you participate in a telemedicine consultation through the Platform, you consent to receive health services through telecommunication technology and acknowledge that you understand:

• How it works: the consultation is conducted remotely through audio and/or video technology facilitated by the Platform.
• Limitations: telemedicine cannot replicate a full in-person physical examination, and your doctor may conclude that an in-person visit or additional testing is necessary.
• Privacy and data protection: your personal and health information is processed in accordance with the DPA and our Privacy Policy; however, no electronic medium is infallible, and there is a risk of technology failure, including interruption of the consultation and, in rare cases, a breach of confidentiality.
• Referral and care coordination: your doctor may refer you to another facility, specialist, or service, and will coordinate your care as appropriate.
• Documentation: consultations may be documented, and records will be maintained in accordance with applicable standards for health records.

QuiKonsult provides private collaboration features that allow authenticated doctors to work together, including Collaboration Rooms, Cases, Boards, Case Files, Room Chat, Polls, and related tools. These features are intended for licensed professionals and are governed by the following rules:

• Private and invitation-based: Rooms and Cases are private. Access is granted only through a collaboration invitation, an RSVP, Case membership, or Host authority, and is limited to the specific Room, Case, or Board involved. No content in a Room or Case is publicly visible, and patients cannot create or participate in Collaboration Rooms.
• Case scope: a Case is a Doctor-only collaboration context grouped around one subject under discussion. It is not a patient record, and it is your responsibility to keep Case material accurate, current, and limited to what the collaboration requires.
• Shared content:content you place on a Board, upload to Case Files, post in Room Chat, or otherwise share in a Room or Case is visible to the authorized Participants and Case Members of that Room or Case. Publishing a Preparation Board creates a persistent Case Board shared with the Case's Members. Do not share anything you lack the authority to disclose.
• Invitations and participants: the Doctor who creates a Room or Case controls who participates. You must not invite, admit, or share Room or Case access with anyone who is not authorized, and you must not use Room or Case access to obtain or disclose clinical material outside the Platform.
• Consultation Rooms:a Consultation Room belongs to one accepted online booking and is limited to that booking's patient and doctor. Only the patient and their doctor may participate, and neither may admit additional participants.

Doctors may share medical imaging and other clinical materials through Boards and Case Files, including DICOM Studies. The in-platform viewer is provided for review and collaboration purposes; it is not a certified or calibrated diagnostic system and must not be treated as one. Doctors are responsible for their own independent review of any imaging or clinical material and for complying with all professional, regulatory, and legal requirements applicable to the acquisition, handling, and use of such material.

You retain ownership of content you submit to Rooms, Cases, Boards, Case Files, Chat, and Polls. By submitting content, you grant QuiKonsult and the other authorized Participants and Case Members of the relevant Room or Case a non-exclusive, worldwide, royalty-free license to host, store, display, and use that content for the purposes of operating the Platform and the collaboration.

Content shared in a Room or Case is confidential to its authorized Participants and Case Members. You must not disclose it outside the Platform except as required by law, a lawful court order, or your professional obligations, and you must protect the confidentiality of any patient information contained in it in accordance with the Data Privacy Act and applicable professional rules.

Before sharing any material that contains patient data or the personal data of any other person, you must be lawfully authorized to share it and must have obtained any required consents, including patient consent where applicable. You remain responsible for such material and for any consequences of sharing it.

QuiKonsult does not warrant, guarantee, or promise any particular medical outcome, diagnosis, or result from any consultation arranged through the Platform, or from any collaboration between doctors on the Platform. Professional medical services are exempt from the warranty provisions of the Consumer Act of the Philippines.

We also do not guarantee that a particular doctor will be available, that a booking will be accepted, or that any consultation will occur at the scheduled time. Doctor acceptance and availability are within the doctor's sole discretion.

You agree to use the Platform responsibly and lawfully, including:

• Providing truthful and accurate information about yourself, your health, and your booking details;
• Complying with identity verification requirements, since consultations cannot be anonymous;
• Attending scheduled consultations and informing us and your doctor of cancellations or no-shows in accordance with the cancellation policy;
• Seeking emergency care through proper channels, as described in Section 4;
• Using the Platform only for lawful purposes and not infringing the rights of others, including their privacy and confidentiality;
• Not uploading, sharing, or disclosing personal or health data of any other person through the Platform without that person's lawful authority or consent;
• Before sharing patient data or clinical material in collaboration features, ensuring you are authorized and have obtained any required consents, as described in Section 9;
• Not misrepresenting your identity, credentials, or relationship with any doctor, patient, or institution; and
• Not using collaboration features to obtain or disclose clinical material outside the Platform.

Booking fees, consultation fees, and other charges, as well as payment methods, are displayed at the point of booking or otherwise communicated to you. You agree to pay all charges associated with your account, and authorize us or our payment processors to collect them.

You agree not to engage in, attempt, or facilitate any of the following:

• Violating any Philippine law or regulation, including the Data Privacy Act, the E-Commerce Act, the Consumer Act, and the Cybercrime Prevention Act;
• Unauthorized access to, interference with, or damage to the Platform, its systems, or other users' accounts, including hacking, password guessing, or circumvention of security measures;
• Identity theft or the misuse of another person's identifying information;
• Uploading or transmitting viruses, malware, or other harmful code;
• Harassing, threatening, defaming, or otherwise harming other users, doctors, or QuiKonsult personnel;
• Scraping, data mining, or automated extraction of Platform content without our written permission;
• Reverse engineering, decompiling, or attempting to derive the source code of the Platform;
• Using the Platform to advertise or solicit for unrelated products or services; and
• Accessing Rooms, Cases, Boards, or other collaboration content that you are not authorized to access.

We may suspend or terminate accounts that engage in prohibited use, without prejudice to our other rights and remedies.

The Platform, including its software, design, text, graphics, logos, trademarks, and all content we create, is owned by or licensed to QuiKonsult and is protected under the Intellectual Property Code of the Philippines (RA 8293) and other applicable laws. You acquire no ownership or license rights except the limited, revocable, non-exclusive right to use the Platform in accordance with these Terms.

Where applicable law permits a lawful owner of a computer program to make one back-up copy or adaptation, you may do so solely for archival or permitted purposes, and you may not distribute it.

If you believe content on the Platform infringes your copyright, contact us at [email protected] with the relevant details.

You retain ownership of content you submit to the Platform, such as ratings, reviews, feedback, messages, and content shared in Rooms, Cases, Boards, and Case Files. By submitting content, you grant QuiKonsult a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, display, and use it to operate and improve the Platform, and, for collaboration content, to the other authorized Participants and Case Members as described in Section 9.

You are solely responsible for the content you submit. You must not submit content that is unlawful, defamatory, or infringing, and you acknowledge that content may be subject to the libel provisions of the Revised Penal Code as applied to online communications. We may remove or moderate content that violates these Terms.

Your privacy matters to us. All personal data collected through the Platform is processed in accordance with the Data Privacy Act of 2012 (RA 10173) and our Privacy Policy, which forms part of these Terms. You acknowledge that doctor-patient communications made through the Platform are confidential and privileged, and that we limit access to such information to what is operationally necessary.

Collaboration Rooms, Cases, and Boards may contain confidential or privileged clinical discussions between doctors. Platform personnel access such content only to the extent operationally necessary to operate and secure the Platform or to comply with law, and reasonable organizational, physical, and technical safeguards apply to its processing, as described in the Privacy Policy.

We endeavor to keep the Platform available and reliable, but we do not guarantee uninterrupted or error-free operation. The Platform may be unavailable due to scheduled maintenance, upgrades, network or power failures, or other events beyond our reasonable control. To the extent permitted by law, we are not liable for failures caused by fortuitous events under the Civil Code.

During a telemedicine consultation, technology failures may occur. We provide contingency guidance in the Platform, and you should follow your doctor's instructions if a consultation is interrupted, including arranging an alternative consultation or in-person visit.

During a collaboration Call, technology failures may interrupt media, Boards, or AI Notes. The Platform provides contingency guidance, and you should arrange alternative means of continuing any time-sensitive collaboration.

To the fullest extent permitted by law, QuiKonsult, its officers, directors, employees, and agents shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, or goodwill, arising out of or in connection with your use of the Platform. Our aggregate liability for all claims relating to the Platform shall not exceed the total fees you paid to us in the six (6) months preceding the claim.

Nothing in these Terms limits or excludes liability that cannot be limited or excluded by law, including liability for fraud, willful acts, or gross negligence, or any rights conferred by mandatory law, such as your rights under the Data Privacy Act and the Consumer Act.

The medical care you receive from a doctor is between you and that doctor. QuiKonsult is not liable for the professional acts or omissions of any doctor, or for any diagnosis, treatment, or advice provided during a consultation.

QuiKonsult is not liable for decisions made in reliance on AI-generated content that a doctor failed to verify as described in Section 7, or for the clinical use of imaging or clinical materials shared through the Platform as described in Section 8.

You agree to indemnify, defend, and hold harmless QuiKonsult, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with (a) your breach of these Terms, (b) your use of the Platform, (c) your violation of any law or the rights of any third party, or (d) your unauthorized sharing or disclosure of clinical material or patient data through the Platform.

QuiKonsult operates in compliance with the laws of the Republic of the Philippines, including the Data Privacy Act and its IRR, the E-Commerce Act, the Consumer Act, the Cybercrime Prevention Act, the Universal Health Care Act, and applicable issuances of the Department of Health, PhilHealth, the Professional Regulation Commission, and other regulatory authorities. Nothing in these Terms obliges QuiKonsult to act in violation of any law, and these Terms shall be construed accordingly.

We may suspend or terminate your access to the Platform, in whole or in part, if you breach these Terms, misuse the Platform, or if we are required to do so by law. You may close your account at any time by contacting [email protected].

Upon termination, or upon loss of Case membership, your access to Rooms, Cases, Boards, and Case Files is revoked, and your personal data is processed in accordance with our Privacy Policy and applicable law. Content you shared remains available to the authorized Participants and Case Members of the relevant Room or Case, subject to the applicable retention periods. Provisions of these Terms that by their nature should survive termination — including Sections 3, 4, 7, 8, 9, 10, 14, 15, 16, 18, 19, and 22 — shall survive.

These Terms are governed by and construed in accordance with the laws of the Republic of the Philippines, without regard to conflict-of-law principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the appropriate courts of the City of Makati, Metro Manila, Philippines.

Privacy complaints may also be pursued through the National Privacy Commission as provided under the Data Privacy Act. The parties may, by mutual written agreement, submit disputes to arbitration or mediation under the Alternative Dispute Resolution Act of 2004 (RA 9285), and you are encouraged to contact us first to resolve concerns informally at [email protected].

You agree that your electronic acceptance of these Terms — through checking the acceptance box, clicking a button, or using the Platform — constitutes an electronic signature that is equivalent to a written signature under the E-Commerce Act. You consent to receive notices, disclosures, and records in electronic form through the Platform and by email, and you agree that such electronic records are valid and enforceable to the fullest extent permitted by law.