Terms of Service

1. Acceptance of Terms

By accessing or using RespiratorTest.com (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

These Terms apply to all users of the Service, including employers, employees, safety managers, and medical review officers (MROs/PLHCPs).

2. Service Description

RespiratorTest.com provides an online platform for OSHA-mandated respirator medical evaluations in compliance with 29 CFR 1910.134. The Service includes:

• Online questionnaire administration (OSHA Appendix C)
• Automated evaluation and grading by qualified healthcare professionals (PLHCPs)
• Digital certificate issuance upon approval
• Compliance tracking and management dashboards

3. User Accounts and Responsibilities

3.1 Account Creation

Employers must create accounts to purchase credits and manage employee evaluations. You agree to provide accurate, current, and complete information during registration and to update such information as necessary.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

3.3 Truthful Information

Employees completing the respirator medical evaluation questionnaire must provide truthful and accurate information. Providing false information may result in account termination and could compromise workplace safety.

4. Payment Terms

4.1 Credits and Pricing

The Service operates on a credit-based system. Credits are purchased in advance and consumed upon successful completion of each evaluation. Current pricing is available at respiratortest.com/pricing.

4.2 No Refunds

Credits do not expire but are non-refundable. Credits are consumed only when an evaluation is successfully completed and a certificate is issued (or upon MRO approval).

4.3 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred.

5. Medical Disclaimer

IMPORTANT: This Service is NOT a substitute for comprehensive medical evaluation by a healthcare provider.

The online questionnaire and automated evaluation are designed to meet OSHA's minimum requirements for respirator medical clearance. However:

• A licensed PLHCP (Physician or Licensed Healthcare Professional) reviews all evaluations
• Any "flagged" responses require additional medical review before clearance
• Employees may be referred for in-person medical evaluation if deemed necessary
• This evaluation does not diagnose medical conditions

6. Privacy and Data Protection

We take data privacy seriously, especially regarding Protected Health Information (PHI). Our practices are detailed in our Privacy Policy. Key points include:

• All questionnaire responses are encrypted at rest (AES-256)
• Employers CANNOT see employee medical responses (HIPAA compliance)
• Only MROs/PLHCPs have access to medical questionnaire data
• Audit logs are maintained for 30 years per OSHA requirements

7. Compliance and Regulatory Matters

7.1 OSHA Compliance

While our Service is designed to meet OSHA 1910.134 requirements, employers remain responsible for overall respiratory protection program compliance, including fit testing, training, and written procedures.

7.2 Certificate Validity

Digital certificates issued through the Service are valid proof of medical clearance for respirator use. Certificates must be renewed as required by your employer's respiratory protection program or OSHA guidelines.

8. Intellectual Property

The Service, including all content, features, and functionality, is owned by RespiratorTest.com and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without express written permission.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RESPIRATORTEST.COM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid for the Service in the twelve (12) months preceding the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless RespiratorTest.com, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses arising from your use of the Service, violation of these Terms, or violation of any rights of another party.

11. Termination

We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Upon termination, unused credits remain valid and may be used if access is restored.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms with a new "Last Updated" date. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14. Contact Information

If you have questions about these Terms, please contact us:

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RespiratorTest.com regarding your use of the Service and supersede all prior agreements and understandings.