Terms and Conditions

Last Updated: August 21, 2025

Owner: Moshe Shalom, Independent (“Company,” “we,” “us,” “our”).

Service: The ScrubHub GME mobile/web application and related sites, APIs, and services (collectively, the “App”).

  1. Acceptance of Terms; Electronic Agreement

    By creating an account, downloading, accessing, or using the App, you agree to these Terms and our Privacy Policy (collectively, the “Agreement”). If you don’t agree, do not use the App. You consent to transact electronically and to receive notices electronically via the App and/or email.

  2. Changes to the Agreement

    We may update this Agreement from time to time. Material changes will be notified in-App or by email. Your continued use after the effective date constitutes acceptance. If you disagree, you must stop using the App and, if applicable, cancel your subscription.

  3. Eligibility

    You must be at least 18 (or the age of majority where you live) and legally able to form a binding contract. The App is not for individuals under 13. You represent you are not located in, or a resident of, any country embargoed by the U.S. and are not a prohibited party under applicable export laws.

  4. Accounts; Security

    You’re responsible for your account credentials and all activity under your account. Do not share your login. Notify us immediately of unauthorized use. We may require multi-factor authentication and may suspend accounts for suspected fraud or abuse.

  5. License; Ownership

    We grant you a limited, revocable, non-exclusive, non-transferable license to use the App for personal, non-commercial purposes, subject to this Agreement. The App, including content, features, code, design, trademarks, and data, is owned by us or our licensors and protected by intellectual property laws. We reserve all rights not expressly granted.

  6. Acceptable Use (Prohibited Conduct)

    You agree not to: (a) copy, modify, translate, or create derivative works of the App; (b) reverse engineer, decompile, or attempt to access source code; (c) scrape, harvest, or use bots; (d) bypass security or rate limits; (e) upload malware; (f) infringe intellectual property or privacy rights; (g) misrepresent identity or credentials; (h) use the App for clinical decision-making, emergency response, or any unlawful purpose; (i) resell, rent, or sublicense the App; (j) interfere with the App’s operation; (k) use the App to train competing models or datasets without our written consent.

  7. User Content; Feedback

    If you submit content (e.g., posts, uploads, comments, quizzes) (“User Content”), you grant us a worldwide, non-exclusive, royalty-free license to host, store, use, reproduce, display, perform, and create derivative works of User Content solely to operate, improve, and promote the App. You represent you have all rights necessary and that your User Content complies with this Agreement. You grant us a perpetual, irrevocable license to use ideas, feedback, or suggestions without compensation.

  8. Community Standards; Enforcement

    We may moderate, remove, or restrict content or accounts that violate this Agreement or the law. We may preserve and disclose information if required by law or to protect our rights, users, or the public. We operate a repeat-infringer policy as described in Section 16.

  9. Payments, Subscriptions, Trials, and Taxes

    a. Auto-Renewal. Paid plans auto-renew until canceled. You authorize us (or the App Store/Google Play) to charge the recurring subscription fee and applicable taxes each period.

    b. How to Cancel. If you purchased through Apple App Store or Google Play, manage/cancel in your store account settings.

    c. Timing. To avoid renewal, cancel at least 24 hours before the end of the current period. Charges may occur up to 24 hours before renewal.

    d. Trials/Promos. If you start a free trial, it converts to a paid plan at the then-current price unless canceled before the trial ends. Any unused trial portion is forfeited upon purchase.

    e. Prices/Changes. We may change prices or features prospectively. We will notify of material changes and how to cancel if you disagree via email or text message.

    f. Refunds. All fees are non-refundable except where required by law or store policy.

    g. Chargebacks. We may suspend or terminate accounts for chargebacks or payment disputes.

    h. Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes.

  10. Educational Purpose Only — No Medical Advice

    The App is for educational, entertainment, and informational purposes only and does not provide medical advice, diagnosis, or treatment. No doctor–patient relationship is created. The App may reference clinical topics or research, but content may be incomplete, outdated, or inapplicable to specific patients. Always seek the advice of a qualified health professional and follow institutional policies. Call emergency services for emergencies.

  11. Content Accuracy; No Professional Reliance

    We may update content periodically, but we do not warrant accuracy, completeness, or timeliness. You bear sole responsibility for how you use the content. The App is not a substitute for professional judgment or authoritative medical resources.

  12. Third-Party Services and Links

    The App may link to or integrate third-party sites, content, models, analytics, or payment processors. Those are governed by their own terms and privacy policies. We are not responsible for third-party services and do not endorse them.

  13. Availability; Updates; Beta Features

    We may modify, suspend, or discontinue any feature at any time. We may provide updates that you must install to continue using the App. Certain features may be labeled “Beta” or “Preview.” Beta features are provided AS IS, may be unstable, and may be withdrawn without notice.

  14. Privacy; Data Processing; Electronic Communications

    Your use of the App is subject to our Privacy Policy. You consent to receive service-related emails and in-App messages (e.g., notices, receipts). Where required, we will seek your consent for marketing messages, which you can withdraw at any time.

  15. Professional and Institutional Compliance

    You are responsible for complying with your employer’s, school’s, or institution’s policies (including HIPAA/PHI handling, if applicable). Do not upload protected health information or confidential institutional data unless you have the legal right and our written agreement to do so.

  16. Copyright Complaints (DMCA); Repeat Infringer Policy

    If you believe content infringes your copyright, send a notice containing the elements of 17 U.S.C. §512(c)(3) to our designated agent:

    DMCA Agent: Moshe Shalom
    Address: 1572 East 3 Street, Brooklyn, NY 11230
    Email: Scrubhub1234@gmail.com

    Upon receiving a valid notice, we may remove or restrict the content. We may terminate accounts of repeat infringers in appropriate circumstances.

  17. Open-Source Components

    The App may include open-source software governed by their own licenses. To the extent of any conflict, those licenses control your use of the relevant components.

  18. Export Controls and Sanctions

    The App may be subject to U.S. and other export control laws. You may not use, export, or transfer the App (a) to embargoed countries or (b) to anyone on U.S. or other applicable restricted-party lists. You represent you are not such a person and will comply with all export laws.

  19. Indemnification

    You will defend, indemnify, and hold harmless Company and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the App; (b) your User Content; (c) your violation of this Agreement or law; or (d) infringement or misappropriation by you.

  20. Disclaimers

    THE APP AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION OR THAT DEFECTS WILL BE CORRECTED.

  21. Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE APP OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ANY CLAIMS RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (ii) $100 USD. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, THE ABOVE LIMITS APPLY TO THE FULLEST EXTENT PERMITTED.

  22. Dispute Resolution; Binding Arbitration; Class-Action Waiver

    Please read carefully.

    a. Informal Resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting scrubhub1234@gmail.com. If we cannot resolve within 120 days, either party may proceed.

    b. Binding Arbitration. Except for small-claims court matters or claims for injunctive relief, all disputes arising out of or relating to this Agreement or the App will be resolved by binding arbitration administered by the AAA under its Consumer Arbitration Rules. Venue: United States of America, New York State. Language: English.

    c. Class-Action/Jury Waiver. Disputes must be brought individually and not as a class, consolidated, or representative action. You waive a jury trial.

    d. 30-Day Opt-Out. You may opt out of arbitration by sending written notice to scrubhub1234@gmail.com within 30 days of first accepting this Agreement.

    e. Injunctive Relief. Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to protect intellectual property or data security while arbitration is pending.

  23. Governing Law; Venue

    This Agreement is governed by the laws of the State of New York without regard to conflict-of-laws rules, except that the Federal Arbitration Act governs Section 22. Subject to Section 22, the exclusive venue for any permitted court action is the state or federal courts located in Kings County, New York, and you consent to personal jurisdiction there.

  24. Termination; Suspension

    You may stop using the App at any time. We may suspend or terminate access immediately for any breach, risk to the App or users, legal compliance, non-payment, or suspected fraud. Upon termination, the license in Section 5 ends and you must cease use. Sections that by their nature should survive (including 7–9, 10–23, 25–29) survive termination.

  25. Assignment; Change of Control

    You may not assign or transfer this Agreement without our prior written consent. We may assign this Agreement (including to a successor in a merger, acquisition, reorganization, or sale of assets).

  26. Force Majeure

    We are not liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, utility failures, cyberattacks, war, epidemics, governmental actions, or failures of third-party networks or services.

  27. Notices

    We may provide notices via email, in-App messages, or postings within the App. Legal notices to us must be sent to: Moshe Shalom, 1572 East 3 Street, Brooklyn, NY 11230 with a copy to scrubhub1234@gmail.com.

  28. Entire Agreement; Severability; Waiver; Interpretation

    This Agreement is the entire agreement between you and us regarding the App and supersedes all prior agreements. If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only.

  29. Platform Terms (Apple/Google)

    If you downloaded via the App Store or Google Play, you also agree to their terms. Apple/Google are not responsible for maintenance or support. To the extent permitted by law, Apple/Google have no warranty or liability obligations regarding the App. You acknowledge that Apple/Google are third-party beneficiaries of this Section.

  30. Contact

    Moshe Shalom, M.D.
    ScrubHub GME
    Scrubhub1234@gmail.com