Terms of Service & Legal Disclaimer

1. Acceptance of Terms

By accessing or using Scrubly ("Service," "Platform," "we," "our"), operated by Scrubly LLC, you agree to be bound by these Terms of Service and Legal Disclaimer ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms constitute a legally binding agreement between you ("User," "you," "your") and Scrubly LLC. Your use of the Service signifies your acceptance of these Terms and our Privacy Policy, which is incorporated herein by reference.

We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

🤖 4. AI Feedback Limitations

Scrubly uses artificial intelligence technology to simulate interview scenarios and provide feedback. All interactions, feedback, and evaluations are AI-generated and are intended for educational practice purposes only. AI evaluations:

• May contain inaccuracies or errors
• May not reflect specific employer preferences
• Should not be considered authoritative professional advice
• Are based on patterns and data, not human judgment
• May not account for nuances in your unique situation

Our content may not reflect the most current trends or specific requirements of your target employers. We make no warranty regarding the accuracy, completeness, or currentness of practice content.

5. Independent Service — No Institutional Affiliations

Scrubly is an independent educational platform. We are not affiliated with, endorsed by, or connected to:

• Any hospital systems or healthcare organizations
• Nursing boards or state licensing agencies
• Nursing schools or educational institutions
• Healthcare employers or recruiting agencies
• Professional nursing organizations

We do not represent or guarantee acceptance, endorsement, or recognition by any specific institution or organization.

6. Description of Service

Scrubly is an educational technology platform that provides AI-powered interview practice designed specifically for nursing professionals. The Service includes:

• Voice-based interview practice sessions
• AI-generated feedback on interview responses
• Specialty-specific nursing interview scenarios
• Job Description (JD) tailored panel interview simulations
• Progress tracking and historical session review

7. User Accounts and Eligibility

7.1 Account Creation

To use the Service, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access.

7.2 Eligibility

You must be at least 18 years old to use this Service. By creating an account, you represent and warrant that you are at least 18 years of age, have the legal capacity to enter into these Terms, and that all information you provide is truthful and accurate.

7.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for violations of these Terms, suspected fraudulent activity, or any other reason we deem appropriate. You may terminate your account at any time by contacting us at support@heyscrubly.com.

8. Intellectual Property & Prohibited Activities

All content, proprietary AI prompt designs, UI/UX, and AI-generated outputs on this website are the intellectual property of Scrubly. You are strictly prohibited from:

• Using automated bots, scrapers, or reverse-engineering techniques to extract our interview questions database, AI logic, or bypass our system limits (such as the 5-minute audio or 3,500-character constraints).
• Copying, reselling, or distributing our proprietary content in any form.
• Attempting to circumvent any access controls, rate limits, or credit restrictions built into the Service.
• Using the Service in any manner that could damage, disable, overburden, or impair our servers or networks.

Any violation of this section will result in immediate permanent account termination without a refund and may result in civil or criminal legal action.

9. AI-Generated Content and Voice Data

9.1 AI Technology Disclosure

This Service uses artificial intelligence (OpenAI API) to generate interview questions, evaluate responses, and provide feedback. All feedback and evaluations are AI-generated and should not be considered authoritative professional advice.

9.2 Voice Data Processing

When you use voice-based features, your voice recordings are temporarily processed by the OpenAI API solely for speech-to-text transcription. We do not permanently store your voice recordings on our servers. Data submitted via the OpenAI API is NOT used by OpenAI to train their foundational models.

9.3 Prohibition on Real Patient Information (PHI)

Scrubly is NOT a HIPAA-compliant platform. Users are strictly prohibited from entering, speaking, or submitting any real, identifiable patient information or Protected Health Information (PHI) of any kind. We assume no liability for the unauthorized disclosure of PHI by users.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCRUBLY, ITS FOUNDERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR:

• Loss of profits, career opportunities, or goodwill
• Loss of use, data, or other intangible losses
• Reliance on AI-generated feedback or recommendations
• Interview outcomes or employment decisions
• Service interruptions, technical issues, or data loss
• Any indirect, incidental, or consequential damages

UNDER NO CIRCUMSTANCES WILL SCRUBLY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF, OR ANY INABILITY TO USE, ANY PORTION OF THE SERVICE EXCEED THE AMOUNT YOU PAID TO US FOR THE SERVICE IN THE ONE (1) MONTH PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or that defects will be corrected. We make no warranty regarding the accuracy, reliability, or completeness of AI-generated content.

13. Indemnification

You agree to indemnify, defend, and hold harmless Scrubly and its officers, directors, 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 access to or use of the Service, your violation of these Terms, or your infringement of any third-party rights.

14. Binding Arbitration and Class Action Waiver

You and Scrubly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof shall be settled by binding arbitration, not in a court of law.

YOU AND SCRUBLY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in Sacramento County, California, and the parties hereby irrevocably consent to the personal jurisdiction and venue therein.

16. General Provisions

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Scrubly regarding your use of the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining Terms shall remain in full force and effect.

16.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.