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, 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, tamper-evident records.

The Service may include:

• Structured documentation workflows
• Audit trail generation
• Cryptographic hashing using SHA-256
• Timestamped record sealing
• 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 Sealing Limitations

Record sealing applies SHA-256 hashing and server-verified timestamps.

This process:

• Provides integrity verification
• Does not guarantee admissibility in any legal proceeding
• Does not replace validation of your program
• Does not independently establish authenticity, authorship, or legal enforceability

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

Product tier designations such as "audit-ready" or "dispute-ready" describe feature configurations only and do not guarantee regulatory or litigation outcomes.

4. Protected Health Information

4.1 Platform Design

The Service is not intended for processing PHI or ePHI as defined under HIPAA unless a Business Associate Agreement is executed.

PHI functionality is disabled by default.

4.2 BAA Requirement

If you intend to enter PHI:

• A fully executed Business Associate Agreement is required before any PHI entry
• BAA availability is limited to Professional tier subscribers
• BAAs are not available for trial accounts

Contact legal@testledger.io to initiate a BAA.

4.3 Prohibited PHI Entry

If you enter PHI without a BAA:

• 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.

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 Basic and Professional subscription tiers. Features vary by tier and may change.

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
• 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.

Sealed records are tamper-evident and append-only by design. Modification may occur only through defined supersession workflows where available.

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

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

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
• One hundred dollars

TestLedger shall not be liable for:

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

These limitations are a fundamental allocation of risk.

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

14. Modifications

We may modify these Terms with notice.

Continued use constitutes acceptance.

15. Governing Law and Dispute Resolution

These Terms are governed by California law.

Disputes shall be resolved through binding arbitration administered by JAMS in San Diego, California.

Claims must be brought individually and not as part of a class action.

16. General

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

If any provision is unenforceable, remaining provisions remain effective.

17. Contact Information

TestLedger LLC
8447 Miramar Mall
San Diego, CA 92121
Email: legal@testledger.io