Terms of Service

Last Updated: January 1, 2025

These Terms of Service ("Terms") govern your access to and use of MedScrub ("Service"), a healthcare data de-identification platform operated by MedScrub ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, purchasing credits, or deploying the MedScrub software, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

2. Description of Service

MedScrub provides:

• Healthcare data de-identification software that removes Protected Health Information (PHI) from FHIR R4 resources and clinical text
• Self-hosted deployment via Docker containers
• API access for programmatic de-identification
• Session-based re-identification for maintaining clinical context
• MCP (Model Context Protocol) server for AI integration

3. License Types and Usage Rights

3.1 Credit Bundles

• Credits are consumed per API request (1 credit per request + 1 per 100 PHI elements detected)
• Credits never expire
• Credits are non-refundable and non-transferable
• You may purchase additional credits at any time
• Self-hosted deployment required

3.2 Perpetual License

• One-time payment for unlimited usage
• No metering or credit consumption
• License is perpetual and never expires
• Includes access to software updates for the duration specified in your agreement
• License is non-transferable
• Self-hosted deployment required

3.3 Nonprofit Program

• Available to qualified 501(c)(3) healthcare nonprofit organizations
• Requires verification of nonprofit status
• Unlimited usage with self-hosted deployment
• Subject to approval and ongoing nonprofit status verification
• We reserve the right to revoke nonprofit status if organization no longer qualifies

4. Self-Hosted Deployment

MedScrub is designed for self-hosted deployment on your own infrastructure:

• You are responsible for deploying, maintaining, and securing your deployment
• You are responsible for infrastructure costs (AWS, Azure, GCP, or on-premises)
• PHI data processed by MedScrub remains entirely within your infrastructure
• We do not have access to your PHI data at any time
• You are responsible for ensuring HIPAA compliance of your deployment environment

5. HIPAA and Healthcare Compliance

5.1 No Business Associate Agreement Required

Because MedScrub is self-hosted on your infrastructure and we never access your PHI, a Business Associate Agreement (BAA) is not required. You maintain complete control and custody of all PHI at all times.

5.2 Your Compliance Responsibilities

You are responsible for:

• Ensuring your use of MedScrub complies with HIPAA and other applicable regulations
• Configuring appropriate access controls and encryption for your deployment
• Maintaining audit logs as required by your compliance obligations
• Validating that de-identification meets your specific compliance requirements
• Training your staff on proper use of the Service

5.3 De-identification Accuracy

While MedScrub achieves 99%+ accuracy for FHIR R4 de-identification, no automated system is perfect. You are responsible for validating that de-identified data meets your compliance requirements before using it with third-party services.

6. Acceptable Use

You agree not to:

• Reverse engineer, decompile, or disassemble the software (except as permitted by law)
• Resell, redistribute, or sublicense the software to third parties
• Use the Service for any illegal or unauthorized purpose
• Attempt to bypass credit metering or license validation systems
• Share your API keys or license keys with unauthorized parties
• Use the Service in a manner that violates HIPAA or other healthcare regulations

7. Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized access or security breach
• We reserve the right to suspend accounts showing signs of unauthorized access

8. Payment Terms

8.1 Pricing

Pricing for credit bundles and perpetual licenses is listed on our pricing page. We reserve the right to modify pricing with 30 days' notice.

8.2 Payment Processing

Payments are processed through Stripe. By providing payment information, you represent that you are authorized to use the payment method.

8.3 Refunds

All sales are final. We do not offer refunds for credit bundles or perpetual licenses except as required by law or at our sole discretion.

9. Intellectual Property

9.1 Our Rights

MedScrub and all related software, documentation, and materials are owned by us and protected by copyright, trademark, and other intellectual property laws. Your license does not grant you ownership of the software, only the right to use it according to these Terms.

9.2 Your Data

You retain all rights to your data. We do not claim any ownership or rights to PHI or other data you process through MedScrub.

10. Warranties and Disclaimers

10.1 Limited Warranty

We warrant that MedScrub will perform substantially in accordance with our documentation. Our sole obligation for breach of this warranty is to use commercially reasonable efforts to correct the non-conformity.

10.2 Disclaimer

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DE-IDENTIFICATION WILL ACHIEVE 100% ACCURACY OR MEET YOUR SPECIFIC COMPLIANCE REQUIREMENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of any rights of another party.

13. Term and Termination

13.1 Term

These Terms remain in effect until terminated by either party.

13.2 Termination by You

You may terminate your account at any time by contacting us. Credits and licenses are non-refundable upon termination.

13.3 Termination by Us

We may suspend or terminate your access to the Service immediately if:

• You violate these Terms
• You fail to pay fees when due
• Your use poses a security or legal risk
• We are required to do so by law

13.4 Effect of Termination

Upon termination, your right to use the Service immediately ceases. Perpetual licenses remain valid for already-deployed instances. Sections that by their nature should survive termination will survive, including warranties, limitations of liability, and dispute resolution.

14. Privacy

Our collection and use of personal information is described in our Privacy Policy. Because MedScrub is self-hosted, we never have access to your PHI data.

15. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by email or through the Service. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

16. Dispute Resolution

16.1 Informal Resolution

Before filing a claim, you agree to contact us at support@medscrub.ai to attempt to resolve the dispute informally.

16.2 Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

16.3 Arbitration

Any disputes arising out of or related to these Terms or the Service will be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules, rather than in court, except you may assert claims in small claims court if they qualify.

17. General Provisions

17.1 Entire Agreement

These Terms constitute the entire agreement between you and us regarding the Service and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

17.3 Waiver

Our failure to enforce any provision of these Terms will not constitute a waiver of that provision.

17.4 Assignment

You may not assign these Terms without our prior written consent. We may assign these Terms at any time.

18. Contact Information

For questions about these Terms, please contact us: