Terms of Service

By accessing or using Scrubulate (“the Service”), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

1. Educational and entertainment purposes only

Scrubulate is designed and provided for educational, informational, and entertainment purposes only. The Service generates structured OR prep summaries intended to support study, orientation, and familiarity with perioperative workflows. It is expressly not a medical device, clinical decision support system, electronic health record, or substitute for professional clinical judgment.

Some content generated by Scrubulate — including outputs labeled “Satire” — is fictional, comedic, and intended solely for entertainment. Satirical content does not reflect actual clinical practice, actual surgeon behavior, or actual facility procedures. It must not be interpreted as factual, shared in clinical settings, or relied upon in any professional context.

No content generated by Scrubulate, whether clinical or satirical, constitutes medical advice, nursing advice, surgical guidance, or any form of professional healthcare recommendation. The output of this Service must never replace your facility’s official surgeon preference cards, your institution’s policies and procedures, or current AORN, AST, or applicable specialty society guidelines.

2. No clinical reliance

You acknowledge and agree that:

• All generated content is a starting reference only and may be incomplete, outdated, or inaccurate.
• You are solely responsible for independently verifying all information before any clinical application.
• You will not rely on Scrubulate output as the authoritative source for any patient care activity.
• Clinical decisions remain the sole responsibility of qualified licensed professionals acting within their scope of practice.
• The Service has not been reviewed or cleared by the FDA or any regulatory body as a medical device.

3. Acceptable use

You agree to use the Service only for lawful purposes consistent with its educational intent. You must not:

• Submit any identifiable patient information, including names, dates of birth, MRNs, or any other PHI, into any field of the Service.
• Use generated output as a substitute for a facility-issued surgeon preference card in an active surgical case.
• Represent generated output — including satirical content — as an official clinical document to patients, colleagues, or regulatory bodies.
• Present satirical or entertainment content as factual clinical information in any professional or patient-facing setting.
• Attempt to reverse-engineer, resell, or redistribute the Service or its outputs.
• Upload any image that contains patient-identifying information or PHI, or that you do not have the right to capture, upload, or share.
• Upload or share any image in violation of your facility’s or employer’s photography, privacy, or confidentiality policies.

4. User-uploaded images

The Service allows you to upload photographs (for example, of a back table or mayo stand setup) and attach them to a case brief (“Uploaded Images”). Uploaded Images are user-submitted content. By uploading any image, you represent, warrant, and agree that:

• You own the image or have all rights, licenses, and permissions necessary to upload it and, if you choose, to share it, and that doing so violates no law and no third party’s rights.
• The image contains no patient-identifying information or PHI of any kind — including names, dates of birth, medical record numbers, wristbands, labels, schedules, monitor displays, or any visible information that could identify a patient. You are solely responsible for ensuring this. The operator does not and cannot review images for PHI and relies entirely on your confirmation.
• Your capture, upload, and any sharing of the image complies with all policies of your facility and employer, including any policy that restricts or prohibits photography in the operating room or of equipment, documents, or preference cards. Many facilities prohibit such photography; you are responsible for knowing and following your facility’s rules.
• The image contains no confidential or proprietary material you are not authorized to capture or disclose, including facility-owned documents such as surgeon preference cards.
• The image is lawful and is not obscene, offensive, or otherwise objectionable.

Sharing is your decision and your sole responsibility. If you mark an image as shareable, you understand it will be viewable by anyone who has the share link, may be cached or indexed by third parties, and may not be fully retrievable once disclosed. Disabling sharing or deleting an image may not reach copies already viewed or cached. You accept sole responsibility for any disclosure resulting from your decision to share.

You retain ownership of your Uploaded Images. You grant the operator a worldwide, non-exclusive, royalty-free license to host, store, process, reproduce, and display your Uploaded Images solely to operate and provide the Service, including public display on share links you choose to enable.

The operator may remove, disable, or refuse any Uploaded Image at its sole discretion, with or without notice, including any image it suspects contains PHI or violates these Terms, and has no obligation to monitor Uploaded Images. Uploaded Images are unverified user content, are not reviewed for accuracy, and do not constitute clinical guidance; the “No clinical reliance” terms above apply to them in full.

5. Disclaimer of warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

6. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE OPERATOR OF SCRUBULATE, ITS OWNERS, EMPLOYEES, CONTRACTORS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, INCLUDING BUT NOT LIMITED TO:

• Any patient outcome, adverse event, or clinical error connected to use of or reliance on generated content, whether clinical or satirical.
• Any inaccuracy, omission, or incompleteness in a generated brief.
• Any harm, professional consequence, or misunderstanding resulting from satirical or entertainment content being misinterpreted as factual clinical guidance.
• Any unauthorized disclosure of patient-identifying information, confidential information, or proprietary material contained in an image you uploaded, and any consequence of your decision to share an image.
• Any loss of data, revenue, or professional standing.

This limitation applies regardless of the theory of liability and even if we have been advised of the possibility of such damages. In jurisdictions that do not allow the exclusion of certain warranties or limitation of liability, our liability is limited to the fullest extent permitted by law.

7. Indemnification

You agree to indemnify, defend, and hold harmless the operator of Scrubulate and its owners, affiliates, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with your use of the Service, any image or other content you upload or share (including any claim that it contains patient-identifying information, infringes a third party’s rights, or violates a facility or employer policy), your violation of these Terms, or your violation of any applicable law or third-party right.

8. Accounts and billing

You are responsible for maintaining the security of your account credentials. Free tier users receive 5 generated briefs per month. Solo tier users receive a higher monthly limit as described on the pricing page. Subscriptions are billed monthly or annually and may be cancelled at any time from the billing portal. Refunds are not provided for partial billing periods.

9. Intellectual property

The Service, its design, and underlying technology are owned by the operator. Generated briefs are provided for your personal educational reference. You retain ownership of any original text and images you submit. You grant us a limited license to process submitted text and images solely to provide the Service, as further described in the “User-uploaded images” section above.

10. Changes to these terms

We reserve the right to modify these Terms at any time. We will update the “Last updated” date above. Continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

11. Governing law

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions. Any disputes shall be resolved in the courts of competent jurisdiction in Florida.

12. Contact

Questions about these Terms? Email: scrubulate@proton.me

Not affiliated with, endorsed by, or sponsored by AORN. AORN® and Guidelines for Perioperative Practice are trademarks of their respective owners. References to AORN guideline domains are nominative descriptive use only and do not imply any affiliation or authorization.

These terms are provided for informational purposes and should be reviewed by a qualified attorney before public launch. Nothing here constitutes legal advice.