Terms and Conditions

Last updated: June 2026 • Version: 2.0.0

Agreement

These Terms and Conditions ("Terms") govern your access to and use of Viva Examiner (the "Service"), operated by Anesthesia Zone, LLC ("we", "us", or "our"), a Delaware limited liability company with its principal place of business at 131 Continental Dr Suite 305, Newark, DE 19713, United States.

By creating an account, subscribing, or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Related policies

These Terms incorporate by reference our Privacy Policy and Cookie Policy. Additional product rules in these Terms (including acceptable use, academic integrity, community conduct, and AI use) apply to the Service and any features we add over time.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes that organization.

Eligibility

The Service is intended for healthcare professionals and trainees who are at least 18 years old and are preparing for oral, SOE, viva, or similar examinations.

You represent and warrant that:

• You are at least 18 years of age.
• You are a healthcare professional, trainee, or otherwise qualified to use exam-preparation tools in your field.
• You will provide accurate account information and keep your credentials secure.
• Your use of the Service complies with applicable laws, professional standards, and any obligations owed to your employer, institution, licensing body, or exam authority.

We may suspend or terminate accounts that do not meet these requirements or that we reasonably believe are being misused.

Educational purpose only — not medical advice

Viva Examiner is an educational and exam-preparation tool only.

The Service simulates oral examinations and provides AI-generated feedback for learning purposes. It does not:

• Provide medical advice, diagnosis, or treatment.
• Replace clinical judgment, supervision, real examiners, official exam boards, or accredited training programmes.
• Certify competence, readiness, licensure, board eligibility, or exam success.
• Create a doctor–patient, clinician–patient, or provider–patient relationship.

Do not use the Service for real patient care, emergency decisions, or clinical management. If you believe you or someone else may be experiencing a medical emergency, contact local emergency services immediately.

Always rely on qualified supervisors, official exam guidance, and applicable professional standards. AI-generated content may be incomplete, outdated, or incorrect. You are solely responsible for how you use information from the Service.

Non-affiliation

Viva Examiner and Anesthesia Zone, LLC are not affiliated with, endorsed by, or sponsored by any exam board, certifying body, medical society, employer, regulator, or educational institution. We do not guarantee that using the Service will result in passing any examination or meeting any professional requirement.

The Service

Viva Examiner provides practice SOE and viva-style oral examinations using AI examiners. Depending on your plan and available features, you may:

• Select a medical specialty workspace.
• Start live, voice-based practice sessions with AI examiner follow-up questions.
• Receive structured feedback, scores, and analytics after sessions.
• Review past session history while it remains available in your account.
• Use additional features we release over time, such as practice statements, progress summaries, community areas, comments, or other learning tools.

Features, specialties, pricing, free-tier limits, and availability may change over time. We describe current plans on our pricing page.

Accounts and security

You are responsible for all activity under your account. You must:

• Maintain the confidentiality of your password and authentication methods.
• Notify us promptly if you suspect unauthorized access.
• Not share account access or allow others to use your subscription.

We support email/password sign-in, optional Google sign-in, optional two-factor authentication, and optional passkeys. You are responsible for securing the devices and accounts you use to access the Service.

Free tier, subscriptions, and billing

Free tier

We offer a free tier so you can evaluate the Service before paying. The current free allowance is 3 complete viva session(s) per specialty per calendar month, unless otherwise stated on our pricing page. Free allowances reset on the first day of each calendar month and do not roll over.

Paid subscriptions and auto-renewal

Paid "Extended access" subscriptions are billed monthly per specialty through Stripe. By subscribing, you authorize us to charge your payment method on a recurring basis for each billing period until you cancel. You consent to recurring charges without separate approval for each renewal, until cancellation takes effect.

Prices, taxes, and checkout details are shown before you pay. You may cancel a subscription at any time from your account or Stripe billing portal. Cancellation stops future charges and you keep access until the end of the current paid billing period.

Payment processing

Payment card and billing details are processed by Stripe. We do not store full payment card numbers on our servers.

Refunds

We do not offer refunds on subscription fees.

Because the Service includes a free tier that lets you try complete sessions before subscribing, you can evaluate the experience without payment. When you subscribe, you pay for access for the current billing period. If you cancel, you retain access until that period ends, but we do not refund unused time, partial months, accidental renewals, or charges after use has begun, except where required by applicable law or expressly approved by us in writing for a billing error or duplicate charge.

If you believe a charge was made in error, contact us at [email protected] promptly.

Chargebacks and payment disputes

If you initiate a chargeback or payment dispute, we may suspend or terminate your account while we investigate and/or while the dispute is pending, to protect the Service and other users.

Price, taxes, and plan changes

We may change prices, subscription plans, features, or free-tier limits at any time. Price changes apply at renewal or as otherwise permitted by applicable law. You are responsible for applicable taxes, fees, or government charges.

Fair use — AI voice examiner

Extended access and live AI examiner sessions are intended for normal individual exam preparation by the subscribing account holder. Use is subject to fair-use limits, rate limits, service reliability controls, and the acceptable use rules below.

We may limit, pause, review, or restrict access if usage appears automated, abusive, shared across multiple people, harmful to service reliability, or inconsistent with personal educational use.

Service changes, beta, and experimental features

We may add, remove, modify, suspend, or discontinue any part of the Service (including content, AI features, community features, and integrations) at any time, including without prior notice except where notice is required by law.

We may offer beta, experimental, or early-access features that may be incomplete, change frequently, or be discontinued. Beta features are provided "as is" and may have additional terms shown in the product.

AI-generated content

Examiner dialogue, follow-up questions, scores, feedback, and related outputs are generated by artificial intelligence and automated systems. They may contain errors and should be treated as study aids only.

You agree not to submit patient-identifiable information, protected health information, or other sensitive health data into any AI feature, voice session, comment field, or support channel.

We do not guarantee that AI feedback matches your real examination, official marking schemes, or current clinical guidelines. Session content may be processed by third-party AI providers according to their platform terms.

Practice statements and progress records

The Service may allow you to view or generate practice summaries, readiness analytics, progress statements, or similar records derived from your use of the Service ("Practice Records").

Practice Records reflect activity on Viva Examiner only. They are not accredited certificates, academic transcripts, professional licence records, exam-board records, CPD certificates, or proof of competence. You are responsible for deciding whether any Practice Record is appropriate for a third-party purpose. Third parties may accept or reject them at their discretion.

Community features and user content

The Service may now or in the future include community areas, comments, forums, notes, feedback, ratings, or other interactive features ("Community Features").

When you submit content through the Service — including spoken answers converted to text, comments, posts, messages, feedback, suggestions, or other materials ("User Content") — you retain ownership as between you and us, but you grant Anesthesia Zone, LLC a worldwide, non-exclusive, royalty-free, fully paid, transferable, sublicensable, irrevocable license to host, store, reproduce, process, adapt, modify, translate, display, perform, distribute, and otherwise use User Content to:

• Operate, provide, secure, enforce, and improve the Service and related products of Anesthesia Zone, LLC and its affiliates.
• Develop, train, evaluate, and improve models, algorithms, prompts, analytics, and systems (including AI features), subject to our Privacy Policy.
• Moderate, investigate, and comply with legal obligations.

If you post User Content in public or community-facing areas, you understand it may be visible to others according to product settings. You represent that you have the rights to submit User Content and that it does not violate law or third-party rights.

We may remove, restrict, or moderate User Content at any time for safety, legal, or policy reasons.

Feedback

If you provide suggestions, ideas, or feedback about the Service, you agree we may use it without restriction or compensation to you.

Academic integrity and exam security

The Service supports learning. It must not be used to cheat or undermine exam security.

You must not:

• Request, share, post, or use live "recall" or leaked examination content in connection with the Service.
• Use the Service for impersonation, misconduct, or violations of exam rules.
• Misrepresent Practice Records or session results as official exam outcomes.

We may suspend or terminate accounts involved in academic dishonesty or exam-security violations.

Acceptable use

You agree not to:

• Misuse the Service, attempt to bypass usage limits, or interfere with platform security.
• Reverse engineer, scrape, copy, resell, sublicense, or redistribute access to the Service, case content, prompts, or outputs without permission.
• Use the Service for real patient care, emergency triage, or unlawful purposes.
• Upload, speak, or transmit content that is unlawful, infringing, harassing, discriminatory, or harmful.
• Attempt to extract, reproduce, or publish our proprietary case banks, prompts, or system instructions at scale.
• Use automated means (bots, scripts, scrapers) to access the Service except as we expressly allow.
• Share credentials or allow others to use your paid access.
• Harass our staff, other users, or third parties through the Service.

We may investigate violations and suspend or terminate access where appropriate.

Intellectual property

Viva Examiner, our branding, software, case material, prompts, analytics, and related content are owned by us or our licensors and are protected by intellectual property laws.

Subject to these Terms and your subscription status, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to use the Service for your own non-commercial exam preparation. You do not acquire ownership of the Service or its content.

Third-party services

The Service relies on third parties, including payment processors, cloud infrastructure providers, analytics providers, advertising platforms, and AI providers. Your use of those services may also be subject to their terms and policies. We are not responsible for third-party services we do not control.

The Service is not tailored to comply with industry-specific regulations such as HIPAA for covered clinical workflows. Do not use the Service in a manner that would require HIPAA compliance unless you have independently assessed and accepted that risk.

Privacy, monitoring, and communications

Your use of the Service is subject to our Privacy Policy and Cookie Policy.

To protect the Service and users, we may monitor, log, review, moderate, and analyze activity and content as permitted by law and as described in our Privacy Policy.

By using the Service, you consent to receive communications from us electronically (for example by email or in-product notice). You agree that electronic communications satisfy legal requirements that they be in writing where permitted by law.

Disclaimers

To the fullest extent permitted by law, the Service is provided "as is" and "as available" for educational and practice purposes only.

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted availability.

We do not guarantee exam outcomes, pass rates, certification, error-free operation, or that AI outputs are complete, current, or suitable for any clinical or professional decision.

Some jurisdictions do not allow certain disclaimer limits, so some of the above may not apply to you.

Limitation of liability

To the fullest extent permitted by law, Anesthesia Zone, LLC and its officers, members, employees, contractors, affiliates, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost opportunities, exam failure, professional harm, or business interruption arising from or related to your use of the Service.

To the fullest extent permitted by law, our total liability for any claim arising out of or relating to the Service or these Terms will not exceed the greater of (a) the amount you paid us for the Service in the twelve (12) months before the event giving rise to the claim, or (b) USD $100.

Some jurisdictions do not allow limitation of certain damages, so some of the above may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless Anesthesia Zone, LLC and its officers, members, employees, contractors, affiliates, and suppliers from and against claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Service.
• Your User Content.
• Your violation of these Terms.
• Your violation of applicable law or third-party rights.

Suspension and termination

We may suspend or terminate your access immediately if we reasonably believe you violated these Terms, created risk or legal exposure for us, or if required by law.

You may stop using the Service at any time. You may request account deletion through the process described on our site and in our Privacy Policy. Termination does not relieve payment obligations already incurred. Provisions that by their nature should survive termination will survive.

Dispute resolution

This section affects your legal rights. Please read it carefully.

Informal resolution

Before starting a formal dispute, you agree to contact us at [email protected] with a brief description of the issue. The parties will attempt to resolve the dispute informally in good faith for at least thirty (30) days.

Binding arbitration (United States)

If the parties cannot resolve a dispute informally, and you are located in the United States or the dispute is otherwise subject to the Federal Arbitration Act, you and Anesthesia Zone, LLC agree that any dispute, claim, or controversy arising out of or relating to the Service or these Terms will be resolved by binding individual arbitration, not in court, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction for alleged misuse of intellectual property or unauthorized access to the Service.

Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you use the Service primarily for business purposes), as modified by this section. The seat and venue of arbitration will be Delaware, United States, unless the parties agree otherwise or applicable rules require a different location. The arbitrator may award the same relief as a court, but only on an individual basis.

Class action waiver

To the fullest extent permitted by law, you and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding.

Time limit to bring claims

To the fullest extent permitted by law, any claim arising out of or relating to the Service or these Terms must be brought within one (1) year after the claim arose, or it is permanently barred.

Governing law for disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules, except that the Federal Arbitration Act governs arbitration as applicable.

If arbitration does not apply to a dispute, and where not prohibited by mandatory consumer protection law, the state and federal courts located in Delaware will have jurisdiction, and you consent to their personal jurisdiction.

Mandatory consumer protections in your jurisdiction may apply and are not waived where they cannot be waived.

Changes

We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and version and, where appropriate, provide notice by email or in-product message. Continued use after changes take effect constitutes acceptance of the updated Terms, to the extent permitted by law.

Miscellaneous

• Force majeure: We are not liable for delay or failure caused by events beyond our reasonable control.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
• Severability: If any provision is unenforceable, the remainder stays in effect.
• No waiver: Failure to enforce a provision is not a waiver of future enforcement.
• Entire agreement: These Terms and the policies incorporated by reference are the entire agreement regarding the Service.

Contact

Questions about these Terms can be sent to [email protected] or:

Anesthesia Zone, LLC
131 Continental Dr Suite 305
Newark, DE 19713
United States