Terms of Service

1. About Us, Our Platform and These Terms

1.1 Company Information

HOSPITUAL LIMITED (“Hospitual”, “we”, “us” or “our”) is a company registered in England & Wales (Company No. 16757461) with its registered office at Flat 1 Windsor House, Heathfield Gardens, London, W4 4JT, United Kingdom.

1.2 Our Platform

Hospitual operates a digital telemedicine platform (“Platform”) that enables appropriately qualified and licensed medical practitioners, including radiologists and other specialists (“Clinicians”), to provide remote medical consultations and professional opinions to users (“Clients”), including patients or, where applicable, their lawful parents or guardians.

The Platform facilitates communication between Clinicians and Clients but does not itself provide medical advice.

1.3 Scope of Services

Through the Platform, Clinicians may provide, including but not limited to:

• Remote medical consultations;
• Radiological opinions on imaging studies;
• Histopathological opinions on digital pathology materials;
• Specialist second opinions.

1.4 Second Opinion Services (Advisory Nature)

Where services are provided as a second opinion:

• Any consultation, report, or opinion provided via the Platform is advisory in nature onlyand is intended to complement, not replace, the original report or clinical consultation provided by the healthcare provider responsible for the Client’s care.
• Responsibility for diagnosis, treatment decisions, and ongoing clinical management remains solely with the Client’s treating physician or healthcare provider.

1.5 Teleradiology and Telepathology Outsourcing Services

Hospitual may also provide teleradiology and telepathology services to hospitals, clinics, and other healthcare organisations worldwide (“Institutional Clients”).

In such cases:

• Hospitual’s Clinicians, including UK-registered radiologists and specialists, may be engaged to provide primary diagnostic reports (i.e. first-line reports where no prior report exists), or other agreed reporting services;
• Where Hospitual is contracted to provide a primary report, such report is issued as the definitive diagnostic report within the agreed scope of the service;
• The responsibility of the reporting Clinician is limited to the accuracy and completeness of the report based on the information and materials provided at the time of reporting;
• The Institutional Client retains responsibility for overall patient care, clinical correlation, and implementation of treatment decisions.

1.6 Role of Hospitual

Hospitual acts as a technology and service provider facilitating access to Clinicians. Unless expressly stated otherwise in a separate written agreement:

• Hospitual is not a healthcare provider and does not itself provide clinical diagnoses or treatment;
• Clinical services are provided by independent Clinicians who are responsible for their professional opinions and reports.

1.7 Acceptance of These Terms

By accessing or using the Platform, you confirm that you accept these Terms and agree to be legally bound by them. If you do not agree, you must not use the Platform.

2. Clinical Governance and Regulatory Compliance

2.1 Professional Standards

All Clinicians providing services via the Platform are required to:

• Be appropriately qualified, licensed, and in good standing with their relevant regulatory body (including, where applicable, the General Medical Council (GMC) or equivalent international regulator);
• Comply with applicable professional, ethical, and clinical standards, including Good Medical Practice and relevant specialty-specific guidelines;
• Maintain appropriate professional indemnity insurance.

2.2 Jurisdictional Limitations

Clients acknowledge that medical services provided via the Platform may be delivered across jurisdictions. It is the responsibility of the Client and/or Institutional Client to ensure that use of the Platform complies with local laws and regulatory requirements.

2.3 Clinical Responsibility

• Clinicians are solely responsible for the clinical content of any consultation, opinion, or report they provide;
• Hospitual does not interfere with clinical judgment or decision-making.

3. Limitations of Service

3.1 No Emergency Services

The Platform is not intended for emergency or urgent medical situations. Clients must contact local emergency services where immediate care is required.

3.2 Reliance on Information Provided

All clinical opinions and reports are based solely on:

• The information, history, and materials provided by the Client or Institutional Client; and
• The quality and completeness of imaging, pathology, or other data submitted.

Hospitual and its Clinicians shall not be responsible for any inaccuracies resulting from incomplete, inaccurate, or poor-quality information.

4. Liability

4.1 Platform Liability

To the fullest extent permitted by law:

• Hospitual provides the Platform on an “as is” and “as available” basis;
• Hospitual makes no warranties or representations that the Platform will be uninterrupted, error-free, or fit for a particular purpose.

4.2 Clinical Services Liability

• Clinical services are provided by independent Clinicians, who bear responsibility for their professional opinions and reports;
• Hospitual shall not be liable for clinical decisions, diagnoses, or treatment outcomes arising from such services, except where required by law.

4.3 Exclusion of Certain Losses

To the extent permitted under English law, Hospitual shall not be liable for:

• Indirect or consequential loss;
• Loss of profits, business, or opportunity;
• Loss arising from reliance on advisory second opinions.

4.4 Non-Excludable Liability

Nothing in these Terms excludes or limits liability for:

• Death or personal injury caused by negligence;
• Fraud or fraudulent misrepresentation;
• Any other liability which cannot be excluded under applicable law.

5. Indemnity

5.1 Client Indemnity

You agree to indemnify and hold harmless Hospitual from and against any claims, liabilities, damages, losses, or expenses arising out of:

• Your misuse of the Platform;
• Your breach of these Terms;
• Any inaccurate or incomplete information you provide.

5.2 Institutional Client Indemnity

Institutional Clients agree to indemnify Hospitual against any claims arising from:

• Clinical decisions made based on reports provided;
• Failure to obtain appropriate patient consent;
• Failure to comply with local regulatory requirements.

6. Confidentiality and Data Protection

6.1 Data Handling

All personal and medical information is processed securely and in accordance with:

• The UK GDPR; and
• The Data Protection Act 2018.

6.2 Confidentiality Obligations

Hospitual and its Clinicians are subject to strict duties of medical confidentiality and will only use or disclose information:

• As necessary to provide the services; or
• Where required by law or regulatory obligation.

7. Teleradiology and Telepathology Services (B2B / Institutional Clients)

7.1 Scope of Services

Where Hospitual provides services to hospitals or other healthcare organisations under a separate agreement, such services may include:

• Primary (first-line) diagnostic reporting;
• Second opinion reporting;
• Subspecialty review and consultation.

7.2 Primary Reporting (Outsourcing)

Where explicitly agreed in writing:

• Hospitual Clinicians may provide primary diagnostic reports, including where no prior report exists;
• Such reports shall constitute the official diagnostic report within the agreed service framework;
• Responsibility of the reporting Clinician is limited to interpretation of the materials provided at the time of reporting.

7.3 Institutional Responsibilities

The Institutional Client shall:

• Ensure the accuracy, completeness, and quality of all submitted data and imaging;
• Retain responsibility for patient care, clinical correlation, and treatment decisions;
• Ensure appropriate patient consent for remote reporting services;
• Comply with all applicable laws, regulations, and accreditation requirements in their jurisdiction.

7.4 Service Limitations

Hospitual shall not be responsible for:

• Technical failures originating from the Institutional Client’s systems;
• Delays caused by incomplete submissions;
• Clinical outcomes arising from use of reports outside their intended scope.

7.5 Contractual Priority

Where a separate written agreement exists between Hospitual and an Institutional Client, that agreement shall prevail over these Terms in the event of any conflict.

8. Fees and Payment

8.1 Fees

All fees for services provided via the Platform must be paid in full prior to the commencement of reporting, unless otherwise agreed in writing (including under separate agreements with Institutional Clients).

8.2 Pricing Structure

Fees are determined based on:

• The number, modality, and complexity of imaging or pathology materials submitted;
• Any applicable urgency or service level requirements;
• Any platform, administrative, or service fees that Hospitual may apply in addition to the Clinician’s fee;
• Where applicable, the individual pricing set by the Clinician providing the service.

Where Clinicians set their own fees:

• Such fees will be clearly communicated to the Client prior to confirmation of the service;
• Total fees payable will be displayed to the Client prior to payment and acceptance of the service.

8.3 Non-Refund Policy

Once review and/or reporting has commenced by a Clinician:

• Fees are non-refundable, regardless of the outcome of the report or Client satisfaction;
• This includes situations where the opinion does not differ from the original report or does not impact clinical management.

8.4 Institutional Clients

Payment terms for Institutional Clients may be governed by separate contractual agreements, which shall take precedence over this clause where applicable.

9. Limitations of Opinions and Outcomes

9.1 Nature of Second Opinions

A second opinion:

• May or may not differ from any prior report or interpretation; and
• May or may not influence diagnosis, prognosis, or clinical management.

9.2 No Guarantee of Outcome

Hospitual does not guarantee that any report or opinion will:

• Alter the course of treatment;
• Improve clinical outcomes; or
• Identify all abnormalities.

9.3 Professional Judgement

Clients acknowledge that:

• All medical specialities including Radiology and pathology involve interpretative clinical judgement;
• Reasonable differences of professional opinion may occur between qualified practitioners;
• Such differences do not, in themselves, indicate error, negligence, or substandard care.

10. Amendments to Reports

10.1 Clinical Integrity

The clinical findings and conclusions contained within any report represent the independent professional opinion of the reporting Clinician and shall not be amended at the request of a Client where such amendment would alter clinical meaning or interpretation.

10.2 Corrections

Hospitual may correct:

• Typographical, transcriptional, or clerical errors;
• Formatting or administrative inaccuracies.

10.3 Non-Clinical Content

Non-clinical or explanatory sections (e.g. patient-friendly summaries), where provided, may be revised, limited, or removed upon reasonable request, provided such changes do not affect the clinical substance of the report.

11. Liability (Clinical Services Clarification)

11.1 Standard of Care

All reports are prepared by appropriately qualified Clinicians, including (where applicable) UK-registered Consultant Radiologists regulated by the General Medical Council, in accordance with applicable professional standards.

11.2 Clinical Decision-Making

• Reports are intended to support, not replace, clinical decision-making;
• Responsibility for diagnosis, treatment, and patient management rests solely with the treating clinician or healthcare provider.

11.3 Exclusion of Responsibility for Outcomes

To the fullest extent permitted by law:

• Hospitual shall not be responsible for any medical, surgical, or other clinical decisions made by third parties based on its reports;
• Nor for any outcomes arising from such decisions.

11.4 No Reliance as Sole Basis

Reports should not be relied upon as the sole basis for clinical decision-making without appropriate clinical correlation.

12. Intellectual Property

12.1 Ownership

All reports, content, and materials provided via the Platform remain the intellectual property of Hospitual and/or its licensors.

12.2 Permitted Use

Clients are granted a limited, non-transferable licence to use reports for:

• Personal medical purposes; or
• Clinical use by their treating healthcare providers.

12.3 Restrictions

Reports must not be:

• Altered, edited, or modified in a way that changes their meaning;
• Commercially exploited;
• Redistributed for non-clinical or commercial purposes without prior written consent.

13. Governing Law and Jurisdiction

13.1 These Terms and any disputes arising from them shall be governed by and construed in accordance with the laws of England and Wales.

13.2 The courts of England and Wales shall have exclusive jurisdiction, except where mandatory laws of another jurisdiction apply.

13.3 If you are accessing the Services from outside the United Kingdom, you agree that any dispute, claim, or complaint must be brought exclusively before the courts of England and Wales. You further agree that you (or your legal representative) will be responsible for pursuing such claim within that jurisdiction.

14. Use of Technology and Artificial Intelligence

14.1 AI-Assisted Tools

Hospitual may utilise software tools, including artificial intelligence (“AI”) systems, to support workflow, triage, prioritisation, or assist Clinicians in the interpretation of medical data.

14.2 Clinical Oversight

Where AI tools are used:

• All outputs are subject to review, validation, and approval by a qualified Clinician;
• The Clinician retains full responsibility for the final report and its clinical content.

14.3 No Autonomous Decision-Making

AI tools used by Hospitual do not make independent clinical decisions and are not a substitute for professional medical judgement.

14.4 Limitations of AI

Clients acknowledge that AI systems:

• May have inherent limitations, including variability in performance;
• Are dependent on the quality and nature of input data;
• Do not guarantee detection of all abnormalities.

15. Turnaround Times and Service Levels

15.1 Indicative Turnaround Times

Any turnaround times (“TATs”) communicated via the Platform are indicative only, unless expressly agreed in a separate written agreement.

15.2 No Guarantee

Hospitual does not guarantee that reports will be delivered within any specific timeframe, particularly where delays arise due to:

• Incomplete or poor-quality submissions;
• Technical issues out of Hospitual’s control;
• Clinical complexity requiring additional review.

15.3 Priority Services

Expedited or priority reporting services may be offered subject to availability and agreement of additional fees.

15.4 Institutional Service Levels

For Institutional Clients, service levels, including TATs, shall be governed exclusively by the terms of the relevant service agreement or Service Level Agreement (SLA).

16. Critical Findings and Escalation

16.1 Definition of Critical Findings

“Critical Findings” refer to imaging or pathology findings that, in the reasonable clinical judgement of the reporting Clinician, require urgent communication due to potential immediate risk to patient health.

16.2 Communication of Critical Findings

Where Critical Findings are identified:

• Reasonable efforts will be made to communicate such findings promptly using the contact details provided;
• Communication methods may include telephone, secure electronic messaging, or other agreed channels.

16.3 Client Responsibilities

Clients and Institutional Clients must:

• Provide accurate and up-to-date contact details for appropriate clinical personnel;
• Ensure that systems are in place to receive and act upon urgent communications.

16.4 Limitation of Responsibility

Hospitual shall not be responsible for any failure or delay in escalation where:

• Contact details are incorrect, incomplete, or unavailable;
• The receiving party does not respond or act upon the communication;
• External systems or communication networks fail.

16.5 No Replacement for Local Clinical Responsibility

The identification and communication of Critical Findings does not replace the responsibility of the treating clinical team to monitor, review, and manage the patient appropriately.

17. Eligibility and Medical Disclaimer

Hospitual provides remote second-opinion review of radiology and pathology by qualified specialists. By creating an account or submitting a case you acknowledge each of the following.

17.1 Eligibility (18+)

You must be at least 18 years old to register for and hold a Hospitual account. Adult account holders may submit cases on behalf of another patient (including a minor in their care) using the “consent to act on behalf” flow.

17.2 Not a Substitute for In-Person Care

A second-opinion review provided via the Platform is informational and is not a substitute for examination, diagnosis, treatment, or follow-up by a treating clinician with access to your full medical history and physical examination.

17.3 Scope of the Doctor–Patient Relationship

Reviews are limited in scope to the materials submitted with a specific case. Specialists do not assume ongoing care, do not prescribe, and do not provide treatment plans. No doctor–patient relationship is established beyond the scope of the individual case.

17.4 Not for Emergencies

Hospitual is not an emergency service and must not be used for urgent or life-threatening situations. If you believe you or another person is experiencing a medical emergency, contact your local emergency services immediately (for example: 999 in the UK, 000 in Australia, 911 in the United States, or 998 / 999 / 997 in GCC states) or attend the nearest emergency department.

17.5 Regulated Practice

Reviewing specialists are registered with the relevant regulator in their country of practice (for example, the General Medical Council (GMC) in the UK, AHPRA in Australia, the relevant state medical board in the United States, and MOH / DHA / SCFHS in GCC states). Hospitual is not a healthcare provider and does not practise medicine; it is a technology platform that connects users with independent specialists.

17.6 Acknowledgement

By creating an account you confirm you are 18 or over and that you have read and accept this Medical Disclaimer. By submitting a case you re-confirm that you understand the second-opinion nature of the service and that it is not for emergencies.

18. Acceptance

By using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms.