Terms of Service

1. Agreement to Terms

These Terms of Service, referred to as "Terms," constitute a legally binding agreement between you, referred to as "Customer" or "you," and TestLedger LLC, referred to as "TestLedger," governing your access to and use of the TestLedger workforce drug testing documentation platform, including related websites, applications, and services, collectively referred to as the "Service."

By accessing or using the Service, including by creating an account and affirmatively accepting these Terms and the Privacy Policy during registration, you agree to be bound by these Terms.

If you use the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization. In such case, "you" refers to that organization.

If you do not agree to these Terms, do not access or use the Service.

2. Description of Service

TestLedger provides documentation infrastructure software designed to support non-DOT workplace drug testing programs by generating structured, timestamped records with recorded reference-state and change-detection support.

The Service may include:

• Structured documentation workflows
• Audit trail generation
• Cryptographic hashing using SHA-256
• Server-timestamped record finalization
• Evidence attachment functionality
• Reporting and export tools

3. Regulatory Use Disclaimer

3.1 Non-DOT Scope

The Service is designed for non-DOT workplace drug testing documentation.

TestLedger:

• Does not guarantee compliance with federal, state, or local law
• Does not validate adherence to HIPAA, ADA, EEOC guidance, OSHA, state drug-free workplace statutes, workers' compensation regulations, cannabis-related employment laws, or other legal frameworks
• Does not determine the legal sufficiency or evidentiary weight of records
• Does not create legally binding electronic signatures unless properly implemented and validated by you under applicable law

If you conduct DOT-regulated testing under 49 CFR Part 40:

• The Federal CCF remains the required legal document of record
• TestLedger records do not substitute for the Federal CCF
• TestLedger may be used only as supplemental documentation

3.2 Shared Responsibility

You are solely responsible for:

• Determining applicable regulatory frameworks
• Ensuring lawful implementation of your drug testing program
• Establishing and maintaining SOPs
• Configuring system security and access controls
• Training personnel
• Ensuring lawful donor notice and consent
• Determining whether documentation meets evidentiary requirements

3.3 Cryptographic Reference-State Limitations

Record finalization applies SHA-256 hashing and server-generated timestamps recorded by TestLedger systems unless an independent timestamping authority is separately configured.

This process:

• Provides cryptographic consistency review support
• Does not guarantee admissibility in any legal proceeding
• Does not replace validation of your program
• Does not independently establish authenticity, authorship, or legal enforceability

Finalization creates a recorded reference state for later cryptographic consistency review of supported exports. It does not by itself make a record immutable, undisputable, or automatically admissible.

Consistency discrepancies may result from record modification, export formatting, serialization differences, or other technical factors.

Product tier names and descriptions identify feature configurations only. They do not constitute representations regarding regulatory compliance, legal sufficiency, or evidentiary admissibility.

4. Protected Health Information

4.1 Platform Design

The Service is not intended for processing PHI or ePHI as defined under HIPAA unless Professional identity and evidence workflows have been enabled for your organization and any required Business Associate Agreement has been fully executed.

PHI functionality is disabled by default.

4.2 BAA Requirement

If you intend to enter PHI, or intend for TestLedger to create, receive, maintain, or transmit PHI on your behalf:

• A fully executed Business Associate Agreement is required before any identity or evidence workflow is used where your use of the Service requires one
• BAA availability is limited to the Professional plan
• BAAs are not available for trial accounts
• Basic accounts do not include identity fields or evidence attachments and may not be used for PHI entry
• No marketing statement, product description, demo, or security feature should be interpreted as permission to upload PHI before these prerequisites are satisfied

Contact [email protected] to initiate a BAA.

4.3 Prohibited PHI Entry

If you enter PHI without a required BAA or outside enabled Professional identity and evidence workflows:

• You assume all liability
• You agree to indemnify TestLedger
• We may suspend or terminate your account

TestLedger does not monitor or classify customer data for PHI. You are solely responsible for determining whether data constitutes PHI, whether a BAA is required for your workflow, and whether any access, use, disclosure, or retention is lawful.

5. Account Registration and Security

You must provide accurate information when creating an account.

You are responsible for safeguarding credentials and for all activity under your account.

You agree to:

• Use strong authentication practices
• Notify us of unauthorized access
• Maintain control over user access

Enterprise administrators may control access within organization accounts.

6. Subscription and Payment

6.1 Subscription Tiers

The Service is offered in trial, Basic, and Professional access modes. Features vary by tier and may change. Basic does not include identity fields or evidence attachments. Professional includes identity and evidence workflows, which remain unavailable unless and until an executed BAA is confirmed where required. Enterprise or custom-governance arrangements, if offered, require separate written approval.

6.2 Payment Terms

Subscriptions are billed in advance. Fees are non-refundable except as required by law. Failure to pay may result in suspension or termination.

6.3 Trial Accounts

Trial accounts:

• Are limited in functionality
• Are intended for evaluation only and not production-sensitive reliance
• Do not permit PHI entry
• Do not permit BAA execution
• Are subject to record, user, and time limitations
• May have data retention limitations

Trial data is not guaranteed to persist and is not migrated into production upon subscription conversion.

7. Acceptable Use

You may use the Service only for lawful non-DOT workplace drug testing documentation.

You agree not to:

• Create fraudulent or misleading records
• Violate employment or anti-discrimination laws
• Interfere with system integrity
• Attempt unauthorized access
• Reverse engineer the Service
• Circumvent security controls

8. Your Data

You retain ownership of data you submit.

You grant TestLedger a limited license to process data solely to provide the Service.

You are solely responsible for the accuracy, legality, and completeness of your data.

You retain ownership of record content you submit. TestLedger retains ownership of system-generated metadata, including hash values, timestamps, audit events, and service logs, but grants you a limited right to access and export that metadata during your subscription and for 30 days after termination.

Reference-state records are maintained through cryptographic finalization controls, change-detection controls, and supersession workflows where available. TestLedger does not represent that the underlying storage is an immutable ledger.

You may export your data during your subscription and for 30 days following termination.

8.1 Data Portability

TestLedger provides an Export function that enables you to download portable copies of your reference-state records in JSON format at any time during an active subscription. Each exported file contains the complete reference-state record payload, the embedded cryptographic hash, and all system-generated metadata necessary for independent cryptographic consistency review.

You are encouraged to exercise the Export function regularly and to maintain exported copies as part of your organization's standard record retention procedures.

8.2 Customer Responsibility for Local Retention

You are responsible for maintaining your own copies of reference-state record exports. TestLedger recommends that you export and retain a local copy of every reference-state record promptly after finalization. TestLedger does not enforce or monitor local backup practices.

Locally exported reference-state records, combined with your organization's identity protection key (if applicable), may support independent cryptographic consistency review without continued TestLedger infrastructure availability.

TestLedger is not responsible for data loss resulting from your failure to export records during the periods in which export functionality is available to you.

9. Intellectual Property

All Service intellectual property belongs to TestLedger.

Feedback provided by you may be used by TestLedger without restriction.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TESTLEDGER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TestLedger does not guarantee:

• Compliance with any law
• Legal sufficiency of documentation
• Acceptance of records in legal proceedings
• Uninterrupted or error-free operation
• Permanent retention or availability of reference-state records, evidence files, or any customer data
• Continued availability of cloud infrastructure, authentication services, or third-party dependencies

The Service does not verify truth, accuracy, completeness, identity, legal rights, neutrality, or regulatory compliance of any record.

You must not rely on the Service as the sole basis for employment, legal, compliance, or regulatory decisions. You remain responsible for independent review, applicable procedures, and lawful decision-making.

TestLedger does not guarantee uninterrupted cryptographic finalization operations, permanent data retention, error-free cryptographic consistency review results, or uninterrupted availability of any third-party infrastructure. You are responsible for maintaining independent backups of critical documentation you may need outside the Service.

Reference-state record storage is subject to the same infrastructure limitations as any cloud-hosted service. While TestLedger uses commercially reasonable measures to protect data durability, including encryption at rest, access controls, and tenant isolation, no cloud platform is immune to regional infrastructure events, service disruptions, or data availability interruptions. You should not rely exclusively on TestLedger as the sole repository for records that may be needed for long-term regulatory, legal, or employment purposes.

Nothing in the Service constitutes legal, medical, or regulatory advice.

11. Limitation of Liability

To the maximum extent permitted by law:

TestLedger shall not be liable for indirect, incidental, special, consequential, punitive, or exemplary damages.

Total cumulative liability shall not exceed the greater of:

• Fees paid in the twelve months preceding the claim
• Five hundred dollars

TestLedger shall not be liable for:

• Employment disputes
• Regulatory enforcement actions
• Workers' compensation claims
• Audit failures
• Insurance disputes
• Business interruption
• Reputational harm

No Duty to Employees or Third-Party Claimants

TestLedger assumes no duty to any employee, applicant, donor, patient, or third-party claimant with respect to:

• Collection of data
• Access or disclosure of records
• Employment decisions
• Interpretation or use of records
• Compliance with applicable laws

All such responsibilities remain solely with the customer organization.

You acknowledge that these limitations reflect a reasonable allocation of risk and are a fundamental element of the parties' bargain.

12. Indemnification

You agree to indemnify and hold harmless TestLedger from any claim arising out of:

• Your use of the Service
• Your violation of law
• Your employment actions
• Regulatory investigations
• Your entry of PHI without a BAA
• Your data accuracy
• Your program implementation
• Use of TestLedger in DOT-regulated testing as a substitute for the Federal CCF

This obligation survives termination.

13. Termination

Either party may terminate at any time.

Upon termination:

• Access ends
• Outstanding fees remain due
• You have 30 days to export data
• Data may be deleted thereafter

13.1 Post-Termination Export Window

Following termination or expiration of your subscription, TestLedger will maintain your reference-state records, evidence vault files (if applicable), and associated metadata for a period of 30 calendar days (the "Export Window"). During the Export Window, you may access the Service solely for the purpose of exporting your data using the Export function.

TestLedger will provide reasonable notice before the Export Window closes. It is your responsibility to export all records you wish to retain before the Export Window expires.

13.2 Data Deletion After Export Window

After the Export Window expires, TestLedger may permanently delete all customer data associated with your account, including reference-state records, evidence vault files, audit event logs, BAA execution records, team member records, and organization configuration data. This deletion is irreversible.

TestLedger is not obligated to retain any customer data beyond the Export Window and assumes no liability for data that is not exported during the available period.

Certain system-generated metadata, including aggregate usage statistics, billing records, and security audit logs, may be retained beyond the Export Window solely for legitimate business purposes such as billing reconciliation, fraud prevention, security monitoring, and compliance with applicable legal obligations.

13.3 Customer Responsibility Upon Termination

You acknowledge that termination of your subscription, whether voluntary or involuntary, may result in the permanent loss of reference-state records, evidence files, and associated data if you have not exported and retained local copies. TestLedger strongly recommends maintaining current local exports of all reference-state records throughout the duration of your subscription, not only at termination.

14. Force Majeure

TestLedger will not be liable for delay, failure, or interruption caused by events beyond its reasonable control, including cloud-provider outages, internet or telecommunications failures, natural disasters, acts of government, labor disputes, cyberattacks, pandemics, civil unrest, or third-party service failures.

Without limiting the foregoing, TestLedger shall not be liable for any loss, corruption, or unavailability of reference-state records, evidence vault files, or other customer data resulting from cloud infrastructure failures, regional service disruptions, data center incidents, or other events affecting the availability or integrity of third-party hosting, storage, or authentication services on which the Service depends.

Force majeure does not excuse your payment obligations incurred before the affected event.

15. Modifications

We may modify these Terms by providing at least 30 days' notice for material changes through the Service and, where available, the email address associated with your account.

If you do not agree to the modified Terms, you must discontinue use of the Service before the effective date. Continued use after the effective date constitutes acceptance.

16. Governing Law and Dispute Resolution

These Terms are governed by California law.

Before filing arbitration, either party must provide written notice of the dispute and allow 30 days for informal resolution. Either party may seek relief in small claims court for qualifying disputes.

Disputes that are not resolved informally shall be resolved through binding arbitration administered by JAMS in San Diego, California, and the arbitrator will decide threshold issues of arbitrability to the maximum extent permitted by law.

Claims must be brought individually and not as part of a class action. The arbitration provisions survive termination of these Terms.

17. General

These Terms, the Privacy Policy, and any Enterprise Agreement constitute the entire agreement.

If any provision is unenforceable, remaining provisions remain effective.

18. Contact Information

TestLedger LLC
8447 Miramar Mall
San Diego, CA 92121

Legal and BAA requests: [email protected]

Privacy inquiries: [email protected]

General business or enterprise inquiries: [email protected]